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HomeMy WebLinkAboutContractAGREEMENT FOR SPRINGBROOK CREEK ACTION PLAN HABITAT RESTORATION THIS AGREEMENT, dated for reference purposes only as May 30th, 2024, is by and between the Herrera Environmental Consultants, Inc.a Washington State Corporation. The City and the Consultant this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide planning and design services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to Work 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Workconsisting 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 ExhibitCor 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 B. All Work shall be performed by no later than December 31, 2026. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $329,257, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit C. 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 C. 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 Workisperformed, the Consultant shall submit a voucher or invoice in aform 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 CAG-24-138 PAGE 2 OF 10 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 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 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 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. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards PAGE 3 OF 10 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, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further 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. 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 chargesand/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 or litigation related to a Public Records Act request for which Consultant has responsive 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 Cityonly for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City PAGE 4 OF 10 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 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, losses, fines, fees, penalties, 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 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 or damages to property caused by or resulting from the concurrent negligence of the PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in 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: 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 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 Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, 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: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 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 occurrence. "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. 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 PAGE 6 OF 10 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- 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 recourse to any remedy available at law or in equity. F. 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 controloccur, 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 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 Chester Bennett 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7205 cbennett@rentonwa.gov CONSULTANT Betsy Lyons 2200 Sixth Ave, Suite 100 Seattle, WA 98121 Phone: (206) 708-3064 blyons@herrerainc.com PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. 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.-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. 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 PAGE 8 OF 10 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. 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.project manager is Chester Bennett. In providing Work 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 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 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 PAGE 9 OF 10 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. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. 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 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 to this 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, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. 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. PAGE 10 OF 10 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 By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor, City of Renton Herrera Environmental Consultants _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney City Attorney Contract Template Updated 5/21/2021 June 12, 20247/22/2024 Approved by Cheryl Beyer via email 6/7/2024 On March 29, 2024, the City of Renton (City) authorized Herrera Environmental Consultants (Herrera) to prepare a scope of work and cost estimate to complete a restoration action plan for Lower Springbrook Creek for the City. This project is the first phase of a multiphase project identified as project LG-19 on the Salmon Recovery Plan Update for the Lower Green River sub-watershed. Herrera will evaluate and characterize existing conditions along approximately 15,600 feet (RM 2.9 to 0.0) of Springbrook Creek, develop restoration concepts to improve the habitat and ecological function of Springbrook Creek, and complete an Action Plan Report that identifies phased restoration project opportunities. the habitat and ecological function of Springbrook Creek through riparian plantings, large woody debris, and pool construction. Specific objectives of the Action Plan include assessing existing conditions, analyzing alternative solutions, and dividing the project into more manageable phases or site-specific projects. This scope of work includes a discussion of the activities, assumptions, deliverables, and a schedule associated with the following project tasks: ....................................................................................................................... ................................................................................................ ....................................................................... ..................................................................................................................................... ................................................................................................................. ..................................................................................................................... ............................................................................................................................................. preparing invoices and progress reports, coordination with the designated City point of contact, Chester Bennett, as well as coordination of work efforts with the have phone and email contact with the City and subconsultants on an as-needed basis and is responsible for ensuring QA/QC of all deliverables in accordance with Herrera standard policies and processes. , and then by an assigned Client Satisfaction Reviewer Directors. Following these QA/QC steps, deliverables are reviewed by technical editing and word processing staff before being finalized and submitted to the Client and archived. This task includes a virtual project team kickoff meeting with the City, an onsite meeting with the City, maintenance of the project schedule, and coordination on key issues to be addressed in the existing conditions characterization, restoration concept development, and Action Plan development. During the initial project team kickoff meeting priority areas to visit during the onsite field tour will be identified. Herrera will support the City in coordination with key stakeholders (Stakeholders) through attendance at virtual and onsite meetings, input on meeting agendas, and evaluation of data and feedback received. Identified project Stakeholders include Mid Sound Fisheries Enhancement Group (riparian revegetation), funding), King County Drainage District #1 (flood control), and King County Black River Pump Station Project Team (flood control and fish passage). Virtual kickoff meeting with the City (up to 2 hours in duration) and attended by up to 6 Herrera team members. The kickoff meeting will focus on project goals and objectives as well available information. Herrera to provide link to SharePoint site for exchange of project material. City is responsible for securing access permissions, scheduling meeting venues, dates and time, and coordinating with Stakeholders on their availability for meetings and site visits. Unless otherwise noted, all deliverables including meeting notes will have a single set of revisions and 2-week turnaround period for comments. Agenda and notes for a project kickoff meeting with City staff. Herrera will evaluate existing conditions of the project site through a desktop review of available information including remote-sensing and other data such as the following: instream, riparian and floodplain information on the creek and its banks vegetation growth (native and non-native), riparian buffer extents, levees, water quality, erosion and sedimentation area geomorphic and physical habitat conditions, culverts, outfalls, bridges and any directly connected wetlands. Herrera will submit formal data requests to the City Project Manager via email for data that is not readily available through public data sources or City GIS. Herrera will present key findings to the City and Stakeholders in a virtual meeting to solicit feedback on data gaps, other potential data sources, and potential locations for additional rapid field reconnaissance (Task 2.2). After the virtual meeting, Herrera will meet onsite with the City and Stakeholders to discuss known problems and restoration needs and visit areas of interest and/or sites where rapid field reconnaissance is proposed. Relevant known reports and data sources that will be reviewed include: City of Renton: GIS database Receiving Water A Previous water quality reports King County: iMap GIS data Hydraulic and hydrologic modeling files, results, and reports for Springbrook Creek (from the Lower Green FIS and recent work for the Black River Pump Station [BRPS] improvements project) Washington Department of Fish & Wildlife: Priority Habitat and Species database Fish distribution and barrier mapping WRIA 9: Limiting Factors Report Springbrook Creek Sub-basin Salmon Habitat Plan Update WRIA 9 Fish Inventory Data King County Drainage District 1 Previous water quality reports Previous documentation of Springbrook Creek habitat existing conditions Puget Sound Keepers Alliance: Website (Lost Urban Creeks Project) Water quality monitoring reports and data WSDOT: Mitigation project material US Fish & Wildlife Service: National Wetlands Inventory Herrera will review this information to generate a preliminary understanding of instream, riparian and floodplain habitat conditions. Historical habitat characteristics will also be referenced based on available information. After reviewing this information, Herrera will identify potentially important areas (wetlands, historic side channels, stands of native vegetation, disconnected floodplain areas) that could be reconnected and should be visited during a targeted field evaluation. Herrera will also use the King County Water Quality Benefits Evaluation (WQBE) Toolkit to inform the existing water quality conditions characterization and habitat assessment. The WQBE Toolkit was developed by a group of entities (including Herrera) for the purpose of planning, and staff at King County offer no-charge assistance to local jurisdictions to use and interpret the output. The Toolkit combines a series of existing models to identify pollution hotspots (Watershed model) and pollution prevention options (SUSTAIN model), and the output includes estimated costs of best management practices (BMPs) (per the Toolkit) needed to address the level of habitat improvements desired and the associated water quality. The model will be especially useful for this effort since it includes optimization steps to explicitly model small basins, such as lower Springbrook Creek. Scope elements for using the WQBE Toolkit include meetings with staff from the City, King County, and Herrera; review of input parameters and assumptions for the Toolkit: and review and interpretation of the Toolkit output (provided by King County) regarding potential benefit to water quality conditions per habitat improvement targets. Desktop review limited to publicly accessible, and web-based data sources. City to provide Herrera with copies of available information requested via email or upload to Herrera data sharing site. City to submit data requests to Stakeholders at the start of the tasks and provide requested information via email or upload to Herrera data sharing site). Herrera to present summary of desktop review to Client and Stakeholders in an up to 1-hour virtual meeting with up to five Herrera staff present. Herrera will provide meeting notes documenting major comments and next steps (email or Microsoft Word format). Herrera will complete a single round of revision to meeting notes. City will provide site access permission and coordinate with key Stakeholders as needed to schedule the site visit. Herrera to attend site visit (up to 4 hours in duration plus travel time and with up to five Herrera staff (project manager, hydraulic engineer, geomorphologist, ecologist, and landscape designer). Data request (Microsoft Excel table) to City of Renton including data requests from external agencies and organizations. Available data log (Microsoft Excel) summarizing available data provided by the City and/or other project partners. PowerPoint presentation, tables, and figures as needed to summarize the existing conditions desktop review. Draft and final table (Microsoft Excel or Word) and PDF maps identifying locations for proposed rapid field reconnaissance (Task 2.2). Following the desktop analysis and identification of locations for additional targeted field reconnaissance, Herrera will conduct a rapid field reconnaissance of the selected sites to assess existing geomorphic and habitat conditions of the stream and riparian corridor. The field effort will focus on verifying information important for identifying and evaluating potential restoration concepts, acknowledging that formal delineations of wetlands, vegetated land cover, and ordinary high water (OHW) would be completed at later design stages of the project once a more precise restoration project area and potential project impact area is defined. Herrera will select representative channel, riparian, and floodplain locations to assess existing channel morphologic conditions, channel dimensions, bank conditions, significant areas of native vegetation, erosion or deposition, as well as in-channel and off-channel riparian habitat conditions. Drone surveys may be completed to evaluate existing conditions in areas that are inaccessible due to steep channels, property ownership, dense vegetation, or other unsafe conditions. The field reconnaissance will include a coarse characterization of instream, riparian, and floodplain conditions. The reconnaissance will also note opportunities and constraints for future restoration concept development given local land use and land cover conditions (e.g., utility crossings). The field reconnaissance will also include a general characterization of vegetation communities within areas of interest, confirmation of mapped wildlife habitats (including mapped and potentially unmapped beaver dam locations), and investigation of potential wetland areas. Wetland investigation will be through observation of plants, review of mapped soils, and other qualitative observations. City staff will facilitate site access permissions for field reconnaissance. Up to 10 priority sites will be selected for rapid field reconnaissance. Field reconnaissance is assumed to require three 8-hour days plus travel time for four Herrera staff (hydraulic engineer, geomorphologist, ecologist, and landscape architect). Land survey is not included in this task but can be authorized as needed through request for supplemental survey funding (Task 5). Herrera will bring a GPS unit with sub-meter accuracy (<30 cm HRMS) to collect georeferenced data in the field as needed. GPS data will be collected in a global coordinate system and projected to s geodetic datum and horizontal coordinate system standards. City will be able to coordinate all access permissions in advance of the field reconnaissance. Official surveys of significant and hazard trees will not be completed as part of this fieldwork. Critical areas reviewed will include wetlands, shorelines, and streams, but not geological hazards, frequently flooded areas, or aquifer recharge areas. Wetland and ordinary high water mark will not be formally delineated. Where pertinent to inform habitat conditions or habitat utilization, ordinary high water mark will be estimated based on available model data and results discussed in Task 2.3. Drone flights and data capture will occur at up to three sites. This will include placement and GPS mapping of visual ground control points (to improve data product accuracy), collection of air photos in support of graphic rendering of future conditions, collection of air photos in support of photogrammetric modeling (for orthophoto, DEM, and 3D surface reconstruction), and video capture (to aid in project communication). No in-water or over-water work will occur as part of the field reconnaissance. Field reconnaissance findings and recommendations will be incorporated into the Existing Conditions Memorandum described in Task 2.4 below. Drone-derived data products. These will include aerial photographs and videos of the priority sites and may also include ortho-corrected photo mosaics (for high-resolution GIS and CAD base imagery), digital terrain models, graphic renderings of future site conditions (to support communication of the proposed action plan), and other products as agreed upon between the City and project team. In tandem with the field analysis and desktop review of existing data, Herrera will conduct an existing conditions hydraulic analysis of the project reach. The existing conditions model will be important to use as a baseline for comparing to proposed alternative conditions which will facilitate quantification of habitat improvements and ensuring no off-site impacts. To promote efficiency and consistency with other related analyses in the same project corridor, Herrera will use the same HEC-RAS 2D model developed for the Black River Pump Station (BRPS) Project including the same hydrologic flow inputs (which were determined using HSPF modeling). Herrera might make slight modifications to the BRPS model in the vicinity of potential proposed alternatives to add additional definition (e.g., refinements of the Springbrook Creek geometry or roughness estimates) based on the findings from the rapid field reconnaissance). Herrera will work with the project team to determine whether and how to incorporate the anticipated BRPS improvements into the existing conditions model runs. Herrera may also evaluate existing conditions for different flow rates than were simulated in the BRPS model, especially if determined important by the project team for assessing fish habitat connectivity, accessibility, and type. Altogether, Herrera will evaluate up to six existing conditions model simulations for different flow recurrence intervals determined to represent hydraulic conditions relevant to evaluations of habitat in addition to potential hydraulic and geomorphic hazard and risk. King County will provide the existing model developed for the Black River Pump Station Project. Herrera will evaluate up to six existing conditions model simulations (which may or may not include the proposed BRPS improvements as determined by the Project Team) for different flow recurrence intervals (likely including the average annual flow, 2-year, 100-year, another flow rate if requested by the City, and two flow conditions important for assessing fish habitat connectivity, accessibility, and type). If estimation of new flow rates for evaluating fish passage or habitat is determined to be necessary, all calculations will be completed consistent with guidance documents published by the Washington State Department of Fish and Wildlife (WDFW 2019). Screenshots of preliminary results to be shared during meetings for discussion. Final graphics to be included in the Existing Conditions Characterization Memorandum. This task involves compiling the existing conditions documented and observations from Tasks 2.1 through 2.3 into a single, cohesive Existing Conditions Characterization Technical Memorandum. This memorandum will summarize the desktop review and present findings from the rapid field reconnaissance and will document existing and baseline hydrologic and hydraulic (H/H) geomorphic, and ecological conditions. It will also include high-level recommendations for the next steps proceeding with the alternatives analysis to be developed in Task 3. Technical memorandum is estimated to be not more than 25 pages plus appendices and including up to 10 figures to document the results. Herrera will address up to one round of consolidated comments from the City and Stakeholders on the technical memorandum. If drone surveys are used for preliminary site characterization, high-resolution orthophoto mosaics and other drone-derived data products (e.g., elevation models) will be used to create supporting figures depicting existing site conditions. The reprojection error, ground control point accuracy, ground resolution, and other relevant attributes will be reported for each modeled site. Draft and Final Existing Conditions Technical Memo (Microsoft Word and PDF format). This task includes developing and evaluating alternatives for restoring ecological conditions along the Springbrook Creek project corridor. This task will begin with the identification of distinct restoration areas and sites (3.1a) to be followed by the development of high level alternatives for each area (3.1b). These will then be prioritized with preferred alternatives (3.2) presented to the City and then advanced for further design development and cost estimates (3.3). Herrera will draw upon the findings in previous tasks to support development of planning level alternative solutions analysis to identified habitat and water quality problems. Recommended habitat improvements are likely to include: Restoration alternatives will be included in the concept sheets and will focus on improvements to habitat, riparian vegetation, channel stability, floodplain reconnection and refuge for salmonids. Potential improvements to water quality will also be identified based on the restoration alternatives identified. Building on the existing conditions characterization and salmon habitat limiting factors, Herrera will identify needed riparian improvements to support the multi-phase project goals and that are expected to be achieved through the Action Plan. Herrera will develop a series of Restoration Alternative Concept Sheets (Concept Sheets) for the most promising sites along the 2.9-mile stretch of Springbrook Creek within the project area. The Concept Sheets will summarize the existing conditions, problems, and opportunities at each site that could be addressed through restoration. The concept sheets will be reviewed with the City in a virtual workshop and then revised based on City feedback. Concept sheets will include: Restoration alternatives included in the concept sheets will focus on improvements to instream, riparian, and floodplain habitat areas. Potential water quality improvements will also be summarized based on the alternatives identified for recommended habitat improvements for this project. Recommended habitat improvements found within the concept sheets are likely to include: Restoration design concepts and habitat improvements will be focused on the creek and riparian corridor and do not include work on noncontiguous tributaries, upstream, or other locations in the drainage basin. The number of concept sheets per site or sub-reach may vary from one to several depending on the complexity of the site. Concept sheets will be focused primarily on City or publicly owned property but may include some sites that are not publicly owned. Herrera will submit Draft Restoration Alternative Concept Sheets to the City for a single round of revisions prior to the stakeholder workshop. Herrera will present the Concept Sheets to the City and Stakeholder through a single 2-hour virtual workshop. Following a 2-week comment period, Herrera will provide revised Concept Sheets. Up to 10 draft and final concept sheets (PDF format). Presentation material for stakeholder workshop (Microsoft PowerPoint). Following refinement of restoration alternatives in Task 3.2, Herrera will develop draft evaluation criteria and prioritize the restoration alternatives. A draft ranking of the alternatives would be presented to the City and Stakeholders in a virtual workshop, the output of which would be a short list of alternative concepts to be included in the Action Plan. The alternatives selected for the action plan will address the priorities and objectives identified in previous tasks, the physical and ecological constraints of the project site documented during the existing conditions characterization, and the concerns of the Stakeholders identified during the workshop. Restoration design concepts and habitat improvements will be focused on the creek and riparian corridor and do not include work on noncontiguous tributaries, upstream, or other locations in the drainage basin. Herrera will obtain Stakeholder input on the concept sheets through a 2-hour virtual workshop followed by 2-week comment period with a single round of revisions. The output of the workshop will be identification of the preferred alternative for up to three sites. Draft and final alternatives analysis memo including prioritization criteria and ranking (Microsoft Word and PDF format). Presentation material for prioritization workshop (Microsoft PowerPoint format). Identification of the preferred alternatives to be included in the Action Plan. Herrera will refine the preferred alternative concept at up to three sites and will develop associated planning level conceptual restoration design drawings and conceptual construction cost estimates. Herrera will present the results to the City for review and consideration in the Action Plan (Task 4). Herrera will solicit Stakeholder input on the restoration design concepts through a single 1-hour virtual meeting with the City and Stakeholders. Stakeholder input will be documented in meeting minutes with a single round of written comments. Restoration concepts and costs estimates will be developed at a planning level and will not include detailed quantities or bid item estimates. Planning level restoration concept drawing for three preferred alternatives (GIS or CAD figures) Planning level cost estimates for three preferred alternatives. Herrera will use the existing conditions model developed as part of Task 3.1 as a base to be refined for simulation of proposed alternative concept project geometries and conditions. The alternative concept modeling will run the same set of flows used in the existing conditions through each alternative. These model runs will be used to estimate potential project benefits and impacts, such as changes to habitat areas or types, and areas of potential increased or hydraulic and geomorphic hazard and risk. Herrera will model up to three proposed hydraulic performance alternatives, for a total of 12 model simulations. Model results will be presented in the Concept Summary Sheets Hydraulic model files. Final graphics to be included in the concept summary sheets. Herrera will develop an Action Plan report that concisely documents and culminates the work performed in previous tasks and synthesizes the various deliverables produced. The Action Plan report will summarize the restoration concept development, identify phasing considerations, and dependencies on other projects, needed property acquisitions or agreements, and propose a schedule for implementing remaining design and permitting phases and associated grant applications. The Action Plan will also include a high-level feasibility evaluation of the desired improvements to inform planning for additional technical assessments (e.g., survey, geotechnical assessments, or biological surveys). As the Action Plan is developed, Herrera will solicit feedback from stakeholders on restoration concepts to include in the Action Plan to understand connections to other related projects and to inform phasing alternatives. The report will define a recommended sequence of those actions, a discussion of funding options and funding recommendations, and also discussion of interactions with stakeholders and the public that will be needed as the City advances the recommendations in the plan. Single round of Action Plan review by City and revisions by Herrera prior to distribution for stakeholder input. Single round of stakeholder review via a virtual meeting (up to 1-hour duration attended by two Herrera staff), followed by a single round of revisions by Herrera. Herrera will prepare a comment/response log to document how stakeholder feedback was considered in the final Action Plan. Comments on draft documents to be provided in writing via email or changes tracked in Microsoft Word. Draft Action Plan (Microsoft Word and PDF format). Revised Action Plan #1 for stakeholder review (Microsoft Word and PDF format). Comment response log (Microsoft Word or Excel) Final Action Plan (Microsoft Word and PDF format). Herrera will develop a digital, interactive ArcGIS Online StoryMap. This is a valuable tool for communicating the proposed Action Plan to Stakeholders, as it allows users to both explore the project sites through a curated, visually-rich project narrative, and to explore the project sites independently by querying spatial layers. The StoryMap may include custom, interactive pop-up windows and/or charts, multimedia elements (photo, video integration), narrative text, opportunities for direct user feedback, or other dynamic elements that enhance stakeholder understanding of the proposed Action Plan. This task may also include the development of visual renderings of project alternatives. This is another valuable tool for communicating the Action Plan to Stakeholders. to achieve the desired level of definition in the hydraulic model. This task requires written authorization from the City Project Manager prior to being started. City authorization to begin Task 5 work will be documented either via email or other written correspondence from the City Project Manager. The City shall retain ownership of the StoryMap after final deliverables of the scope are completed. The City and Herrera will coordinate setup and / or transfer of StoryMap files and ownership as needed during and at the closeout of the project. ArcGIS StoryMap comprised of geospatial layers, images, dynamic text, and/or other elements to support stakeholder interaction and understanding of the Action Plan. Based on discussions with the City about the broad scope of this project and the potential for clarification of specific survey needs to arise as this work advances, this Supplemental Survey Task is included. As the project progresses, Herrera will provide a more detailed scope and estimate for survey to receive written approval from the City Project Manager prior to performing any additional work on this task. Additional physical survey may be needed to achieve the desired level of definition in the hydraulic model, to understand property boundaries or survey flagged or delineated features. This task requires written authorization from the City Project Manager prior to being started. City authorization to initiate Task 6 work will be documented either via email or other written correspondence from the City Project Manager. Scope(s) of work and budget tabulation(s) for specific work to be performed using the budget allocated towards Supplemental Survey, in similar format as the scope and budget of the original consultant contract. Project Schedule based on assumed notice to proceed of July 2024. Task Estimated Completion Approx Duration (Months) Task 1. Project Management July 2026 24 Task 2.1. Existing Conditions Characterization Desktop Review August 2024 2 Task 2.2. Existing Conditions Characterization Field Assessment November 2024 3 Task 2.3: Existing Conditions Characterization Hydraulic Modeling of Existing Conditions December 2024 4 Task 2.4: Existing Conditions Characterization Memo February 2025 2 Task 3.1: Alternatives Analysis Restoration Alternatives Development June 2025 4 Task 3.2: Prioritization and Selection of Alternatives for Action Plan September 2025 3 Task 3.3: Preferred Alternatives Design and Cost Estimates December 2025 3 Task 3.4: Hydraulic Modeling of Preferred Concepts December 2025 5 Task 4. Action Plan May 2026 6 Task 5. StoryMap Development July 2026 TBD Task 6. Supplemental Survey July 2026 TBD Co s t E s t i m a t e f o r S p r i n g b r o o k C r e e k A c t i o n P l a n He r r e r a P r o j e c t N o . 2 4 - 0 8 3 8 0 - 0 0 0 5/ 2 0 / 2 0 2 4 Ta s k N o . 1 2.1 2.2 2.3 2.4 3.1 3.2 3.3 3.4 4 5 6 He r r e r a L a b o r b a s e d o n : Bu r d e n e d L a b o r R a t e s Project Management Existing Conditions - Desktop r eview Existing C onditions - Field Reconnaissance Hydraulic Modeling o f Existing Conditions Existing C onditions Characterization Memo Restoration Alternative Concept Development Prioritization a nd Selection o f Concepts f or Action P lan Preferred Alternative Concept Drawings a nd Costs Hydraulic Modeling o f Prefered Alternative Concepts Action P lan Story M ap Development Supplemental Survey Task S tart D ate 6/1/2024 6/1/2024 8/1/2024 8/1/2024 12/2/2024 2/3/2025 6/3/2025 9/3/2025 7/1/2025 12/1/2025 1/1/2026 6/1/2024 Task E nd D ate 8/3/2026 8/1/2024 11/1/2024 12/2/2024 2/3/2025 6/3/2025 9/3/2025 12/3/2025 12/1/2025 6/1/2026 4/1/2026 6/1/2026 Task D uration ( Days) 793 61 92 123 63 120 92 91 153 182 90 730 Staff Labor C ategory 2024 B urdened L abor R ates Ly o n s , B e t s y P l a n n e r I V $ 2 2 7 . 2 5 64 1 9 5 2 1 0 1 4 2 3 1 2 2 2 3 6 4 18 4 Sp e a r , E l i z a S c i e n t i s t I V $ 2 0 2 . 9 3 22 2 8 3 2 0 20 1 7 1 9 1 5 0 13 6 4 17 6 Pa c k m a n , J a m e s S c i e n t i s t V $ 2 3 0 . 5 0 7 1 5 1 0 6 1 0 9 0 2 5 2 0 57 Pl u m b , R i l e y S c i e n t i s t I I I $ 1 5 2 . 7 0 0 12 0 0 6 0 0 0 0 0 0 0 18 Av o l i o , C h r i s t i n a E n g i n e e r V $ 2 6 0 . 5 3 16 2 0 3 4 1 4 1 2 3 2 2 3 2 5 1 0 2 0 6 4 21 6 Va n O r d e n , E m m a E n g i n e e r I I $ 1 5 6 . 2 2 7 1 0 1 6 3 7 2 2 6 0 2 1 4 6 5 0 2 2 4 0 29 5 Ew b a n k , M a r k E n g i n e e r V I I $ 3 4 1 . 5 6 7 0 0 0 3 4 2 6 0 4 0 0 26 Od e - G i l e s , L a u r e n G I S A n a l y s t I I I $ 1 4 5 . 3 0 1 6 3 8 8 8 2 0 0 0 4 0 0 0 85 Cr i c k m o r e , I a n D a v i d G I S A n a l y s t I V $ 1 8 8 . 1 7 1 4 2 0 0 40 0 8 0 0 10 0 65 Zh a n g , S h a w r e e S c i e n t i s t I $ 1 1 5 . 6 1 0 6 1 0 0 12 0 0 0 0 0 0 0 28 Fo r e s t e r , K a t e L a n d s c a p e A r c h i t e c t V I $ 2 2 3 . 7 9 4 0 0 0 0 6 0 3 0 7 6 0 26 Gl e a s o n , R a y n a S c i e n t i s t I I I $ 1 4 5 . 7 5 4 0 22 0 16 6 0 27 0 17 2 0 0 11 2 St e w a r t , R i c k P r o j e c t A c c o u n t a n t I V $ 1 5 0 . 4 0 38 0 0 0 0 0 0 0 0 0 0 2 40 Ja c k o w i c h , P a m e l a A d m i n i s t r a t i v e C o o r d i n a t o r I V $ 1 4 3 . 8 3 0 0 0 0 14 1 5 8 0 0 16 0 0 53 Wa t n e , W a y n e S c i e n t i s t I V $ 2 1 9 . 8 2 9 1 6 2 0 4 6 1 4 1 4 0 0 3 2 3 91 Ma r s h a l l , E r i c C A D T e c h n i c i a n I V $ 1 7 5 . 1 6 0 0 0 12 0 0 0 48 8 0 0 2 70 Ka y s e r , G r e t c h e n E n g i n e e r I V $ 1 9 7 . 0 4 0 0 0 8 0 0 0 0 14 0 0 0 22 To t a l H o u r s p e r T a s k 18 0 1 3 6 1 8 0 8 5 1 3 5 2 3 8 1 1 9 1 9 0 9 0 1 3 0 6 2 1 9 1 5 6 4 Su b t o t a l L a b o r $3 7 , 7 8 0 $ 2 7 , 8 9 8 $ 3 3 , 8 7 5 $ 1 5 , 6 0 2 $ 2 4 , 4 3 2 $ 4 5 , 8 9 8 $ 2 5 , 3 4 1 $ 3 6 , 0 4 0 $ 1 6 , 0 7 3 $ 2 6 , 0 3 6 $ 1 1 , 8 0 9 $ 4 , 0 7 3 $ 3 0 4 , 8 5 9 Subtotal H errera L abor $37,780 $27,898 $33,875 $15,602 $24,432 $45,898 $25,341 $36,040 $16,073 $26,036 $11,809 $4,073 $304,859 4% Es c a l a t i o n o n H e r r e r a L a b o r i n 2 0 2 5 $6 9 7 $ 0 $ 0 $ 0 $ 3 2 6 $ 1 , 8 3 6 $ 1 , 0 1 4 $ 0 $ 0 $ 0 $ 0 $ 1 6 3 $ 4 , 0 3 6 8% Es c a l a t i o n o n H e r r e r a L a b o r i n 2 0 2 6 $6 9 7 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 2 , 8 8 3 $ 1 , 2 8 6 $ 2 , 0 8 3 $ 9 4 5 $ 3 2 6 $ 8 , 2 2 0 Escalated S ubtotal H errera L abor $39,175 $27,898 $33,875 $15,602 $24,758 $47,734 $26,355 $38,923 $17,359 $28,119 $12,754 $4,562 $317,114 Su b c o n s u l t a n t s Subconsultant Fu r t a d o $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $1 0 , 0 0 0 $ 1 0 , 0 0 0 3% Fe e o n S u b c o n s u l t a n t s $0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 3 0 0 $ 3 0 0 Subtotal S ubconsultant C ost $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $10,300 $10,300 Tr a v e l a n d P e r D i e m ( P D ) Item Unit Unit C ost Au t o U s e M i l e $ 0 . 6 7 24 0 0 56 2 0 0 0 0 0 0 0 0 0 80 2 Lo d g i n g D a y $ 2 0 0 . 0 0 0 0 2 0 0 0 0 0 0 0 0 0 2 Subtotal P er D iem $161 $0 $777 $0 $0 $0 $0 $0 $0 $0 $0 $0 $937 Ot h e r D i r e c t C o s t s ( O D C s ) Item Unit Unit C ost GP S u n i t ( A r r o w 1 0 0 w / i P a d ) D a y $ 8 5 . 0 0 1 0 2 0 0 0 0 0 0 0 0 0 3 DJ I P h a n t o m 4 P r o U A V ( d r o n e ) D a y $ 1 0 0 . 0 0 0 0 2 0 0 0 0 0 0 0 0 0 2 UA S d a t a p r o c e s s i n g f e e D a t a S e t $ 1 5 0 . 0 0 0 0 3 0 0 0 0 0 0 0 0 0 3 Subtotal O DCs $85 $0 $820 $0 $0 $0 $0 $0 $0 $0 $0 $0 $905 $246 $0 $1,597 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,842 Grand S ubtotal $39,421 $27,898 $35,471 $15,602 $24,758 $47,734 $26,355 $38,923 $17,359 $28,119 $12,754 $14,862 $329,257 Grand T otal $329,257 Schedule Total Subtotal P er D iem, L ab C osts, a nd O DCs