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HomeMy WebLinkAbout3723 RESOLUTION NO.3 7 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF AUBURN AND TETRA TECH/KCM, INC. FOR THE PURPOSE OF DEVELOPING A HABITAT RESTORATION PLAN FOR OLSON CREEK AND PRODUCING ASSOCIATED CONSTRUCTION DOCUMENTS. WHEREAS, the City of Auburn, Washington desires to restore and enhance salmon habitat in Olson Creek within the historic Olson Farm; and WHEREAS, the City of Auburn received a $50,000 WaterWorks grant award from the King County Department of Natural Resources: and WHEREAS, the WaterWorks grant requires a 25% or $12,500 cash match; and WHEREAS, the City of Auburn will utilize $20,000 in King Conservation District funds collected from its per-parcel assessments that are earmarked for conservation projects within the city limits of Auburn; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and the City Clerk of the City of Auburn are hereby authorized to execute and negotiate an Agreement for Professional Services with Tetra Tech/KCM, Inc. to develop a habitat restoration plan and produce associated construction documents, including terms in substantial conformity and consistent with the scope of services and the estimated professional services attached hereto, marked ---------------------------- Resolution No. 3723 April 27, 2004 Page 1 as Exhibits "A" and "B," and in a form consistent with the Standard Consulting Services Agreement, a copy of which is attached hereto marked as Exhibit "C," copies of which Exhibits are attached hereto and incorporated herein by reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this 3iÅ-oay of May, 2004 ??~ Peter B. Lewis Mayor -~ I.... ---3 ATTEST: ~. ---------------------------- Resolution No. 3723 April 27, 2004 Page 2 Exhibit A City of Auburn Olson Creek Habitat Restoration Scope of Services - Draft 4/14/04 BACKGROUND Olson Creek Habitat Restoration is a fish habitat improvement project first identified by the Corps of Engineers in their 2000 Green/Duwamish Ecosystem Restoration Project (ERP) as one of 45 salmon habitat restoration projects recommended for improving the "health of the watershed for the benefit of fish, wildlife, and the people who call it home." The project is located within the historic Olson Farm, purchase by the City of Auburn (City) in 1994. The Farm is managed by the Auburn Parks and Recreation Department with input by the White River Valley Historical Society. Funding for this project is provided through a WaterWorks grant from the King County Department of Natural Resources and Parks with additional support through King Conservation District, the City, and local volunteer groups. This scope of work outlines the tasks necessary to develop a habitat restoration plan, including the first phase of design and construction for implementation in 2004, and to provide positioning and leverage for funding of possible second phases. Task 1. Project Administration and Management This task includes project administration and management between Tetra Tech/KCM, Inc. (Tt/KCM) and the City of Auburn, the preparation of a project plan, and monthly progress updates. 1. Prepare a Project Plan: To provide clear direction to team members at the start of the project, a project plan will be prepared by Tk/KCM staff. A start-up meeting by the project team is also included at the beginning of the project to discuss issues and the project requirements for the final deliverables. 2. Coordination Between Project Team and City Staff: Coordination between the Project Team and City staff for completion of work efforts. 3. Monitor Project Progress: Monitor the project schedule and budget to ensure conformance with the project contract. Prepare progress report updates in conjunction with monthly invoices. 4. Quality Assurance: A Quality Assurance review of all product documents will be performed by our senior QA engineer. Deliverables: Monthly invoices and progress updates Task 2. Site Evaluation and Data Review This task consists of performing an assessment of current conditions including fish habitat and vegetation inventories, and a topographic survey. Existing documents associated with the area and habitat such as previous studies, legal and easement information, and the Master Plan for the Olson Farm will be reviewed for information pertinent to the project. An evaluation of drainage characteristics of the site including assessment of hillside drainage and the hydraulic connection with the south meadow wetland will be performed. 1. Fish Habitat Survey: The primary activities of this task are to identify existing critical habitat features, such as spawning substrate, channel width and depth, numbers/dimensions of pools and riffles, etc. Existing conditions will be assessed using habitat inventory data forms for documentation of baseline conditions. 2. Vegetation Survey: The activities in this task consist of utilizing existing information and field surveying to map vegetation types within the riparian areas including identification of non-native and invasive species. [Note: the WW grant agreement specifies volunteer participation in this effort. Need to identify how this will be accomplished] 3. Topographic Survey: This subtask includes coordination with the subconsultant _ for surveying and mapping of the creek within the project area. Existing City-standard datum and control points will be used as a basis for the survey. AutoCAD files of the surveyed points and base map with hard copies of the field notes will be submitted by _ to TtlKCM by for use in the design. The survey will result in point data described as horizontal coordinates and vertical elevations and a site map at a scale of 1'=10'. Locations and descriptions of major features such as trees and structures, significant instream and riparian habitat areas flagged by others, and miscellaneous items such as roads, vegetation types, and fences will be identified. Pertinent information such as easements and property lines will be acquired from the City for inclusion in the mapping effort. 4. Stream and Drainage Assessment: This subtask consists of the documentation of the geomorphic and drainage conditions within the project area. Activities will include up to a Level II stream channel classification based on the Rosgen methodology, identification and mapping of significant morphic features, and assessment of the general drainage conditions and connectivity of the adjacent wetland areas to the stream. Deliverables: * Section in the Technical Memorandum documenting existing conditions with data forms and mapping. Task 3. Hydraulic Modeling This task consists of developing a hydraulic model for the project area to provide basic flow characteristics and assist with the design of instream elements. The hydraulic model will initially be used to estimate water surface levels, peak flow velocities and shear stress at key areas of the channel during peak storm events. It is anticipated that the model Hec-Ras will be used for this effort with flow rates determined from either the design criteria for the culvert at 112th Avenue SE or King County rating curves. Based on the budget amount remaining in this task, a hydrologic model may be developed to confirm previous model results and determine the future flow conditions at Green River Road South. Changes in land use related to future development in the upper basin will be used to evaluate future high and low flow conditions. Peak flow and fish passage criteria will be determined for a possible second phase project consisting of the design of a replacement culvert. 3.1 Collect Existing Stream Flow Information: This subtask consists of collecting existing information related to peak flow volumes in Olson Creek. Sources may include the City of Kent and the King County Roads Department. 3.2 Develop Hydraulic Model: This subtask consists of creating the Hec-Ras model from geometric information collected in the topographic survey and geomorphic assessment. Flood extents, 2-Year water surface elevations, peak flow velocities and shear stress will be determined for design of instream structures. 3.3 Develop Hydrologic Model: This subtask consists of creating a SWM model for the drainage basin to determine the future base flow and peak flow information for the project reach. This task is contingent on the budget remaining after completion of the previous subtasks and will be further defined at that time. Deliverables: * Section in the Technical Memorandum documenting hydraulic conditions at peak flow rates within the project area. Hydrologic model output for future conditions scenarios as defined in later scoping effort. * Task 4. Permit Application Assistance Application for federal and state permits to construct this project is completed with the submittal of the Joint Aquatic Resource Permit (JARPA). This is a key activity that must be completed early in order to accelerate the project schedule. This task consists of providing the documentation to the City for completion of the JARPA and other permit and approval applications. This includes coordination with permitting agencies for design modifications and addressing questions or issues as they may arise. 4.1 Provide Project Design Information for Completion of JARPA: This subtask consists of preparing drawings and specific project design and construction information needed for the JARPA application. It is anticipated that this task will be initiated before all design concepts are finalized and may utilize previous design drawings developed by other with minor modifications for refinement of construction quantities. 4.2 Permit Acquisition Assistance: Permitting agencies periodically request additional information during their review period. This subtask consists of preparing the needed response and/or modifying the design necessary to secure the permit or project approval. Deliverables: * Drawings and technical information required in JARPA. Task 5. Habitat Restoration Plan Conceptual designs for instream habitat improvements and riparian restoration will be developed within this task. Minimizing construction disturbance, utilizing natural stream processes for habitat enhancement, incorporating bioengineering techniques, and adherence to Olson Farm Master Plan goals will be emphasized in this effort. 5.1 Restoration Plan Technical Memorandum (draft): Information collected and developed in Tasks 2 and 3 with recommendations for habitat enhancement will be presented in draft memorandum form for review and comment in this subtask. Existing information on specific types of fish utilizing Olson Creek, their habitat requirements, and any recommendations from others such as WDFW, USCOE, Muckleshoot Tribe, and Trout Unlimited will be reviewed. Recommendations for improvements within the channel and riparian areas to increase diversity, quantity and quality of fish habitat will be presented. These recommendations will be, to the greatest practical extent, consistent with the future uses of Olson Farm as described in the Farm Master Plan. Permitting issues and planning-level construction cost estimates will be included. The preliminary draft memorandum will be submitted to City staff for review and comment. Revisions will be incorporated in the draft memo prior to the Project Design Workshop. 5.2 Conceptual Design: Design sketches for the conceptual restoration plan will be produced to a level of detail sufficient for presentation and discussion at a meeting of invited stakeholders. A full-size plan drawing will be created and up to four (4) sketches of design details will further describe the proposed work. 5.3 Project Design Workshop: Information in the draft technical memorandum and conceptual design will be presented at a meeting of invited stakeholders, project partners, or community stewards for discussion and input. Recommendations for implementation of project elements through various means such as public bid or work plans to be performed by volunteers will be presented for discussion. 5.4 Restoration Plan Technical Memorandum (final): The draft technical memorandum will be finalized based on the City's direction and to reflect input at the design workshop. It is anticipated that specific work plans for implementation in 2004 will be defined and included. Other sections that may be included are maintenance considerations and additional review comments, issues or concerns. These items will be further defined at that time and included based on the remaining budget. Deliverables: * Draft and Final versions of the Restoration Technical Memorandum * Conceptual restoration plan sketches * Meeting materials Task 6. Construction Documents and Field Assistance This task consists of preparation of the construction documents for public bidding of the instream work of the proposed project. For the purposes of determining the fee for this task, the instream work is considered to consist of placement of large woody debris with some excavation and anchoring. Additional or alternative work will be defined and negotiated for fee as necessary. Onsite assistance for field adjustment and construction conformance is included in this effort. 6. 1 Plans 6.1.1 Prepare eighty-percent complete plans that will represent a near-complete level of design. Comments from the conceptual design sketches will be incorporated into this AutoCAD plan set and will be submitted to City staff for review and comment. 6.1.2 Prepare final plans. The comments received from the eighty- percent drawings will be incorporated into the plans and brought to a final level of completion. The final plans will be submitted to the City for a 100-percent complete review prior to producing the bid set. Only minor revisions are budgeted beyond this level of drawing completion. 6.2 Special Provisions This subtask consists of preparing the special provisions to the standard specifications for this project. The WSDOT 2002 Standard Specifications will be used unless directed otherwise. TtlKCM will provide the City with the special provisions and the City will complete the specifications document for bidding and construction use by inserting technical provisions (if any) and bidding forms. 6.2.1 Eighty-percent submittal: Essentially the complete special provision package will be prepared for this submittal. The City will include the City's boilerplate material. 6.2.2 Final submittal: The final submittal of the special provisions will reflect comments from the eighty-percent submittal. 6.3 Quantity/Cost Estimate This subtask consists of developing the material quantities and cost estimates for bidding the construction of the instream work. 6.3.1 Quantities will be calculated for each submittal phase (80% and final). 6.3.2 A cost estimate will be prepared for each submittal phase (80% and final). 6.4 Onsite Construction Assistance This subtask primarily consists of site visits and construction observation sufficient to assess that the quality and progress of the work is in accordance with the design intent and details. Construction recommendations and input will be provided. This subtask includes soliciting qualified bidders and responding to questions during the construction bid phase. The City will distribute the construction documents from their office. Deliverables: . 80 percent complete Contract Documents (Plans, Special Provisions, Cost Estimate) . 100 percent complete Contract Documents (Plans, Special Provisions, Cost Estimate) . Final Contract Documents (Plans, Special Provisions, Cost Estimate) TtlKCM, Inc. 1917 First Avenue Seattle, WA 98101 Tel (206) 443-5300 Fax (206) 443-5372 Exhibit B ESTIMA TE OF PROFESSIONAL SERVICES CLIENT: City of Auburn Planning and Community Development Draft 4/15/04 PROJECT: Olson Creek Habitat Restoration P.D. No.: 8440031-004 Proj. No.: Date: 4/2812004 ......................................... ...................................... ........................... . ...................... LEVEL OF EFFORT - STAFF HOURS PHASE/TASK DESCRIPTION Project Prof. Tech. Inspection Clerical PIC En!!ineer Staff Staff Staff Staff 1.0 Administration and Management # Project Plan 1 2 2 2 # Team and Client Coord 8 4 # Progress Monitoring 6 # QA/QC 4 2.0 Site Evaluation and Data Review # Fish Habitat Survey I 8 # Vegetation Survey 8 # Topographic Survey (see below) # Stream and Drainage A 8 8 3.0 Hydraulic Modeling # Collect/Review Existi 12 16 # Develop Hydraulic Model 2 8 # Develop Hydrologic Model 8 4 4.0 Pennit Application Assistance # JARPA Information 4 8 # Permit Acquisition 2 4 5.0 Habitat Restoration Plan # Draft Tech Memo 8 16 4 # Conceptual Design 8 16 20 # Workshop 8 16 8 # Final Tech Memo 8 8 2 6.0 Constr. Documents & Field Assistance # Plans 1 80% completion 16 20 30 2 100% and final comple 8 6 5 # Special Provisions 1 80% completion I 2 6 2 2. Final completion 1 2 # Quantity /Cost Estimates -- I Quantity Estimate 1 2 3. Cost Estimate I 2 4 # Construction Assistan 40 TOTAL HOURS 5 144 164 75 10 HOURLY RATE (DJW) $60.00 $40.00 $30.00 $28.00 $26.00 $20.00 (DJW x 3.20) $192.00 $128.00 $96.00 $89.60 $83.20 $64.00 SUBTOTAL $960.00 $18,432.00 $15,744.00 $6,720.00 $640.00 TOTAL DIRECT JOB WAGES $42,496.00 OVERHEAD COST (Incl. in DJW x 3.20) ITRA VEL AND PER DIEM ( 100 x 1.10)1 $110.00 Page 1 of2 TtlKCM, Inc. 1917 First Avenue Seattle, W A 98101 Tel (206) 443-5300 Fax (206) 443-5372 Exhibit B ESTIMA TE OF PROFESSIONAL SERVICES CLIENT: City of Auburn Planning and Community Development Draft 4/15/04 PROJECT: Olson Creek Habitat Restoration P.D. No.: 8440031-004 Proj. No.: Date: 4/28/2004 LEVEL OF EFFORT - STAFF HOURS PHASE/TASK DESCRIPTION I Project I Prof. Tech. I Inspection Clerical PIC Eneineer Staff Staff Staff Staff PRINTING, PUBLICATIONS, ( 250 x 1.1 0) $275.00 COMMUNICATIONS OTHER (Sub consultants) Surveying ALLOW ( 3,000 x 1.15) $3,450.00 ( x 1.15) TOTAL COST $46,331.00 PROFESSIONAL FEE (Incl. in DJW x 3.20) TOTAL COMPENSATION $46,300 ..................... .................. . ........................................................ ................................. .................................................... .............................. . ............................................ ....................... . .. ....................... ................... Notes: 1. Direct Job Wages and number of hours are for estimating purposes only. Invoices will be based on actual wages and hours of staff assigned to the project. 2. Direct Job Wages are subject to change to reflect periodic adjustments in Tt/KCM salary levels. 3. This Estimate of Professional Services is based on labor and the attached "Definitions. " Page 2 of2 EXHIBIT C CITY OF AUBURN AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT made and entered into on this day of , 200_, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and , hereinafter referred to as the "Consultant." WITNESSETH: WHEREAS, the City is engaged in or readying itself to be engaged in its project of , and is in need of services of individuals, employees or firms for work on said project; and, WHEREAS, the City desires to retain the Consultant to provide certain servIces III connection with the City's work on said project; and, WHEREAS, the Consultant is qualified and able to provide consulting servIces III connection with the City's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. The Consultant agrees to perform in a good and professional manner the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the "services.") The Consultant shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Consultant of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Consultant's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an addendum (agreement for additional services), such addendum shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such addendum were a part of this Agreement as originally executed. The performance of services pursuant to an addendum shall be subject to the terms and conditions of this Agreement except where the addendum provides to the contrary, in which case the terms and conditions of any such addendum shall control. In all other respects, any addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. Page 1 of7 3. Performance of Additional Services Prior to Execution of an Addendum. The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of addendum impractical prior to the commencement of the Consultant's performance of the requested services. The Consultant hereby agrees that it shall perform such services upon the oral request of an authorized representative of the City pending execution of an addendum, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Consultant's Representations. The Consultant hereby represents and warrants that he has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such servIces. 5. City's Responsibilities. The City shall do the following in a timely manner so as not to delay the services of the Consultant: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Consultant to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Consultant and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards. The Consultant shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City. 7. Compensation. As compensation for the Consultant's performance of the services provided for herein, the City shall pay the Consultant the fees and costs specified on Exhibit "B" attached hereto and made a part hereof (or as specified in an addendum). The Consultant shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Consultant thereafter in the normal course, subject to any conditions or provisions in this Agreement or addendum. 8. Time for Performance and Term of Agreement. The Consultant shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit "c" attached hereto and incorporated herein Page 2 of7 by this reference, unless otherwise agreed to in writing by the parties. The Term of this Agreement shall commence on the date hereof or on the day of , 200_, and shall terminate upon completion of the performance of the scope of work provided herein, according to the schedule provided on Exhibit "c" attached hereto, unless otherwise agreed to in writing by the parties. 9. Ownership and Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Consultant as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 10. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 11. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Agreement. This Agreement shall be administered by , on behalf of the Consultant, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Auburn City Hall 25 West Main Auburn, W A 98001-4998 (253) 931-3000 FAX (253) 931-3053 Consultant 13. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Page 3 of7 Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 14. Insurance. The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. The Consultant shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies: a. Comprehensive public liability insurance, including automobile and property damage, insuring the City and the Consultant against loss or liability for damages for personal injury, death or property damage arising out of or in connection with the performance by the Consultant of its obligations hereunder, with minimum liability limits of $1,000,000.00 combined single limit for personal injury, death or property damage in anyone occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. c. Professional liability insurance with minimum liability limits of $1 ,000,000. 15. Indemnification. The Consultant shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of the negligent act or omission of the Consultant, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Consultant and their respective officers, agents and employees, or any of them, the Consultant shall satisfy the same to the extent that such judgment was due to the Consultant's negligent acts or omissions. 16. Assignment. Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Amendment Modification or Waiver. No amendment, modification or waiver of any condition, prOVlSlon or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default. Page 4 of7 Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 18. Termination and Suspension. Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Consultant if the services provided for herein are no longer needed from the Consultant. If this Agreement is terminated through no fault of the Consultant, the Consultant shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. 19. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 20. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 21. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 22. Captions, Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. Page 5 of7 23. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 24. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN CONSULTANT Peter B. Lewis, Mayor Name: Title: Attest: Danielle E. Daskam City Clerk Name: Title: Approved as to fonn: Daniel B. Heid, City Attorney Page 6 of7 Corporate? STATE OF WASHINGTON ) ) ss. COUNTY OF ) ON THIS day of , 200 , before me, personally appeared and ' to ~~~~~~ ~ of the Contractor, the party(ies) who executed - the corporation/company that executed the within and foregoing instrument, and acknowledged said instrument to be his/her/their the free and voluntary act and deed of said corporation/company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN under my hand and official seal this day of ,200_. NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: Page 7 of7 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and with KCM, INC. - dba TETRA TECH/KCM, INC., whose address is 1917 First Avenue, Seattle, WA 98101-1027, hereinafter referred to as "CONSULTANT". In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. See Exhibit A, attached and by this reference made part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by December 31, 2004. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSATION. The CONSULTANT shall be paid by the CITY for services rendered under this agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. All billings for compensation for work performed under this agreement will list specific project titles, actual time (days and/or ~3 7d.--3 ----------------------------------------------------- Agreement for Professional Services Tetra Tech/KCM, Inc. May 24, 2004 Page 1 hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit B, "Schedule of Charges." The CITY shall promptly notify the CONSULTANT of any disputed amounts invoiced to the CITY. Copies of the original supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for the services provided under the Agreement. Payment shall be on a time and materials basis for the services associated with each task in Exhibit A. The amounts under each task may vary; however, the total amount of the contract shall not exceed forty-six thousand three hundred dollars ($46,300.00). In the event services are required beyond those specified in the Scope of Work and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services. 4. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally accepted professional standards and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or ----------------------------------------------------- Agreement for Professional Services Tetra Tech/KCM, Inc. May 24, 2004 Page 2 acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 5. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall indemnify and hold the CITY and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The provisions of this section shall survive the expiration or termination of this Agreement. 6. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 7. INSURANCE. ----------------------------------------------------- Agreement for Professional Services Tetra Tech/KCM, Inc. May 24, 2004 Page 3 CONSULTANT shall procure and maintain for the duration of this Agreement, commercial general liability insurance against claims for injuries to persons or damage to property which may arise from or in conjunction with services provided to the CITY by the CONSULTANT, its agents, employees or subcontractors, under this Agreement. The CONSULTANT agrees to provide commercial general liability insurance and shall maintain liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE MILLION DOLLARS ($1,000,000) general aggregate. The CONSULTANT shall also provide and maintain professional liability coverage in the minimum liability limits of ONE MILLION DOLLARS ($1,000,000) per claim and TWO MILLION DOLLARS ($2,000,000) aggregate. The general liability coverage shall also provide that the CITY, its officers, employees and agents are to be covered as additional insured as respects: Liability arising out of the services or responsibilities performed by or under obligation of the CONSULTANT under the terms of this Agreement, by the CONSULTANT, its employees, agents and subcontractors. Both the general liability and professional liability coverage shall provide that the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its officials, employees and agents. Any insurance or self insurance maintained by the CITY, its officials, employees or agents shall be excess to the CONSULTANT'S insurance and shall not contribute with it. Each insurance policy required by this section of the Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except when thirty (30) days prior written notice has been given to the CITY by certified mail return receipt requested. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT agrees to provide copies of the certificates of ----------------------------------------------------- Agreement for Professional Services Tetra Tech/KCM, Inc. May 24, 2004 Page 4 insurance to the CITY specifying the coverage required by this section within 14 days of the execution of this Agreement. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 8. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 9. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. Reuse by the CITY of any of the drawings, ----------------------------------------------------- Agreement for Professional Services Tetra Tech/KCM, Inc. May 24, 2004 Page 5 computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials on extensions of this project or any other project without the written permission of the CONSULTANT shall be at the CITY'S sole risk. 10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph U(b)" of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. ----------------------------------------------------- Agreement for Professional Services Tetra Tech/KCM, Inc. May 24, 2004 Page 6 Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 11. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. 12. GENERAL PROVISIONS. 12.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 12.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 12.3. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such ----------------------------------------------------- Agreement for Professional Services Tetra Tech/KCM, Inc. May 24, 2004 Page 7 dispute or conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12.4. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 12.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 12.6. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. 12.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 12.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 12.9. This Agreement shall be administered by Tony Melone, Principal, on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Attn: Eric Hagen 25 W Main Street Auburn, WA 98001 Phone: 253.288.7432 Fax: 253.804.3114 E-mail: ehagen@ci.auburn.wa.us Tetra Tech/KCM, Inc. Attn: Caroline Barnes 1917 First Avenue Seattle, WA 98101 Phone: 206.443.5300 Fax: 206.443.5372 E-mail: cbarnes@kcminc.com ----------------------------------------------------- Agreement for Professional Services Tetra Tech/KCM, Inc. May 24, 2004 Page 8 12.10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or deposited in the United States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by certified mail, return receipt requested, and addressed to the address for the party set forth in 12.9, or if to such other person designated by a party to receive such notice. It is provided, however, that mailing such notices or communications by certified mail, return receipt requested is an option, not a requirement, unless specifically demanded or otherwise agreed. Any party may change his, her, or its address by giving notice in writing, stating his, her, or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 12.11. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. ----------------------------------------------------- Agreement for Professional Services Tetra Tech/KCM, Inc. May 24, 2004 Page 9 -- Date ATTEST: r/1J;y ¿fkJ~ Danielle E. Daskam, City Clerk KCM, Inc. - dba Tetra Tech/KCM, Inc. //""' ?1 /):,1 / ( . 2Dl'Jf(" BY' " : : ,.. '-- Tit;e: !IÍ(~/ h(vr://)¿ ¡\/T Federal Tax 10 # 91-0888400 ----------------------------------------------------- Agreement for Professional Services Tetra Tech/KCM, Inc. May 24, 2004 Page 10 Exhibit A City of Auburn ûison Creek Habitat Restoration Scope of Services April 14, 2004 BACKGROUND Olson Creek Habitat Restoration is a fish habitat improvement project first identified by the Corps of Engineers in their 2000 GreenIDuwamish Ecosystem Restoration Project (ERP) as one of 45 salmon habitat restoration projects recommended for improving the "health of the watershed for the benefit of fish, wildlife, and the people who call it home." The project is located within the historic Olson Farm, purchase by the City of Auburn (City) in 1994. The Farm is managed by the Auburn Parks and Recreation Department with input by the White River Valley Historical Society. Funding for this project is provided through a WaterWorks grant from the King County Department of Natural Resources and Parks with additional support through King Conservation District, the City, and local volunteer groups. This scope of work outlines the tasks necessary to develop a habitat restoration plan, including the first phase of design and construction for implementation in 2004, and to provide positioning and leverage for funding of possible second phases. Task 1. Project Administration and Management This task includes project administration and management between Tetra Tech/KCM, Inc. (Tt/KCM) and the City, the preparation of a project plan, and monthly progress updates. 1. Prepare a Project Plan: To provide clear direction to team members at the start of the project, a project plan will be prepared by Tk/KCM staff. A start-up meeting by the project team is also included at the beginning of the project to discuss issues and the project requirements for the final deliverables. 2. Coordination Between Project Team and City Staff: Coordination between the Project Team and City staff for completion of work efforts. 3. Monitor Project Progress: Monitor the project schedule and budget to ensure conformance with the project contract. Prepare progress report updates in conjunction with monthly invoices. 4. Quality Assurance: A Quality Assurance review of all product documents will be performed by our senior QA engineer. Deliverables: Monthly invoices and progress updates Task 2. Site Evaluation and Data Review This task consists of performing an assessment of current conditions including fish habitat and vegetation inventories, and a topographic survey. Existing documents associated with the area --------------- ----------------------------- Exhibit A - Scope of Work Page 1 of5 and habitat such as previous studies, legal and easement information, and the Master Plan for the Olson Farm will be reviewed for information pertinent to the project. An evaluation of drainage characteristics of the site including assessment of hillside drainage and the hydraulic connection with the south meadow wetland will be performed. 1. Fish Habitat Survey: The primary activities of this task are to identify existing critical habitat features, such as spawning substrate, channel width and depth, numbers/dimensions of pools and riffles, etc. Existing conditions will be assessed using habitat inventory data forms for documentation of baseline conditions. 2. Vegetation Survey: The activities in this task consist of utilizing existing information and field surveying to map vegetation types within the riparian areas including identification of non-native and invasive species. 3. Topographic Survey: This subtask includes coordination with the subconsultant for surveying and mapping of the creek within the project area. Existing City- standard datum and control points will be used as a basis for the survey. AutoCAD files of the surveyed points and base map with hard copies of the field notes will be submitted by the subconsultant to Tt/KCM by for use in the design. The survey will result in point data described as horizontal coordinates and vertical elevations and a site map at a scale of 1'=10'. Locations and descriptions of major features such as trees and structures, significant instream and riparian habitat areas flagged by others, and miscellaneous items such as roads, vegetation types, and fences will be identified. Pertinent information such as easements and property lines will be acquired from the City for inclusion in the mapping effort. 4. Stream and Drainage Assessment: This subtask consists of the documentation of the geomorphic and drainage conditions within the project area. Activities will include up to a Level II stream channel classification based on the Rosgen methodology, identification and mapping of significant morphic features, and assessment of the general drainage conditions and connectivity of the adjacent wetland areas to the stream. Deliverables: * Section in the Technical Memorandum documenting existing conditions with data forms and mapping. Task 3. Hydraulic Modeling This task consists of developing a hydraulic model for the project area to provide basic flow characteristics and assist with the design of instream elements. The hydraulic model will initially be used to estimate water surface levels, peak flow velocities and shear stress at key areas of the channel during peak storm events. It is anticipated that the model Hec-Ras will be used for this effort with flow rates determined from either the design criteria for the culvert at 112th Avenue SE or King County rating curves. Based on the budget amount remaining in this task, a hydrologic model may be developed to confirm previous model results and determine the future flow conditions at Green River Road South. Changes in land use related to future development in the upper basin will be used to --- ------------ ----------------------------- Exhibit A - Scope of Work Page 2 of 5 evaluate future high and low flow conditions. Peak flow and fish passage criteria will be determined for a possible second phase project consisting of the design of a replacement culvert. Collect Existing Stream Flow Information: This subtask consists of collecting existing information related to peak flow volumes in Olson Creek. Sources may include the City of Kent and the King County Roads Department. 3.2 Develop Hydraulic Model: This subtask consists of creating the Hec-Ras model from geometric information collected in the topographic survey and geomorphic assessment. Flood extents, 2-Year water surface elevations, peak flow velocities and shear stress will be determined for design of instream structures. 3.3 Develop Hydrologic Model: This subtask consists of creating a SWM model for the drainage basin to determine the future base flow and peak flow information for the project reach. This task is contingent on the budget remaining after completion of the previous subtasks and will be further defined at that time. Deliverables: * Section in the Technical Memorandum documenting hydraulic conditions at peak flow rates within the project area. Hydrologic model output for future conditions scenarios as defined in later scoping effort. 3.1 * Task 4. Permit Application Assistance Application for federal and state permits to construct this project is completed with the submittal of the Joint Aquatic Resource Permit (JARPA). This is a key activity that must be completed early in order to accelerate the project schedule. This task consists of providing the documentation to the City for completion of the JARPA and other permit and approval applications. This includes coordination with permitting agencies for design modifications and addressing questions or issues as they may arise. 4.1 Provide Project Design Information for Completion of JARPA: This subtask consists of preparing drawings and specific project design and construction information needed for the JARPA application. It is anticipated that this task will be initiated before all design concepts are finalized and may utilize previous design drawings developed by other with minor modifications for refinement of construction quantities. 4.2 Permit Acquisition Assistance: Permitting agencies periodically request additional information during their review period. This subtask consists of preparing the needed response and/or modifying the design necessary to secure the permit or project approval. Deliverables: * Drawings and technical information required in JARPA. Task 5. Habitat Restoration Plan -------------------------------------------- Exhibit A - Scope of Work Page 3 of5 Conceptual designs for instream habitat improvements and riparian restoration will be developed within this task. Minimizing construction disturbance, utilizing natural stream processes for habitat enhancement, incorporating bioengineering techniques, and adherence to Olson Farm Master Plan goals wi!! be emphasized in this effort 5.1 Restoration Plan Technical Memorandum (draft): Information collected and developed in Tasks 2 and 3 with recommendations for habitat enhancement will be presented in draft memorandum form for review and comment in this subtask. Existing information on specific types of fish utilizing Olson Creek, their habitat requirements, and any recommendations from others such as WDFW, USCOE, Muckleshoot Tribe, and Trout Unlimited will be reviewed. Recommendations for improvements within the channel and riparian areas to increase diversity, quantity and quality of fish habitat will be presented. These recommendations will be, to the greatest practical extent, consistent with the future uses of Olson Farm as described in the Farm Master Plan. Permitting issues and planning-level construction cost estimates will be included. The preliminary draft memorandum will be submitted to City staff for review and comment. Revisions will be incorporated in the draft memo prior to the Project Design Workshop. 5.2 Conceptual Design: Design sketches for the conceptual restoration plan will be produced to a level of detail sufficient for presentation and discussion at a meeting of invited stakeholders. A full-size plan drawing will be created and up to four (4) sketches of design details will further describe the proposed work. 5.3 Project Design Workshop: Information in the draft technical memorandum and conceptual design will be presented at a meeting of invited stakeholders, project partners, or community stewards for discussion and input. Recommendations for implementation of project elements through various means such as public bid or work plans to be performed by volunteers will be presented for discussion. 5.4 Restoration Plan Technical Memorandum (final): The draft technical memorandum will be finalized based on the City's direction and to reflect input at the design workshop. It is anticipated that specific work plans for implementation in 2004 will be defined and included. Other sections that may be included are maintenance considerations and additional review comments, issues or concerns. These items will be further defined at that time and included based on the remaining budget. Deliverables: * Draft and Final versions of the Restoration Technical Memorandum * Conceptual restoration plan sketches * Meeting materials Task 6. Construction Documents and Field Assistance This task consists of preparation of the construction documents for public bidding of the instream work of the proposed project. For the purposes of determining the fee for this task, the instream work is considered to consist of placement of large woody debris with some excavation and anchoring. Additional or alternative work will be defined and negotiated for fee as necessary. Onsite assistance for field adjustment and construction conformance is included in this effort. 6.1 Plans 6.1.1 Prepare eighty-percent complete plans that will represent a near- complete level of design. Comments from the conceptual design sketches --------------------------- ------------ ----- Exhibit A - Scope of Work Page 4 of 5 will be incorporated into this AutoCAD plan set and will be submitted to City staff for review and comment. 6.1.2 Prepare final plans. The comments received from the eighty-percent drawings will be incorporated into the plans and brought to a final level of completion. The final plans will be submitted to the City for a 100-percent complete review prior to producing the bid set. Only minor revisions are budgeted beyond this level of drawing completion. 6.2 Special Provisions This subtask consists of preparing the special provisions to the standard specifications for this project. The WSDOT 2002 Standard Specifications will be used unless directed otherwise. TtlKCM will provide the City with the special provisions and the City will complete the specifications document for bidding and construction use by inserting technical provisions (if any) and bidding forms. 6.2.1 Eighty-percent submittal: Essentially the complete special provision package will be prepared for this submittal. The City will include the City's boilerplate material. 6.2.2 Final submittal: The final submittal of the special provisions will reflect comments from the eighty-percent submittal. 6.3 Quantity/Cost Estimate This subtask consists of developing the material quantities and cost estimates for bidding the construction of the instream work. 6.3.1 Quantities will be calculated for each submittal phase (80% and final). 6.3.2 A cost estimate will be prepared for each submittal phase (80% and final). 6.4 Onsite Construction Assistance This subtask primarily consists of site visits and construction observation sufficient to assess that the quality and progress of the work is in accordance with the design intent and details. Construction recommendations and input will be provided. This subtask includes soliciting qualified bidders and responding to questions during the construction bid phase. The City will distribute the construction documents from their office. Deliverables: · 80 percent complete Contract Documents (Plans, Special Provisions, Cost Estimate) · 100 percent complete Contract Documents (Plans, Special Provisions, Cost Estimate) · Final Contract Documents (Plans, Special Provisions, Cost Estimate) -------------------------------------------- Exhibit A - Scope of Work Page 5 of5 EXHIBIT B SCHEDULE OF CHARGES TETRA TECH/KCM, INC. Billing Rates Effective January 1, 2004 - December 31, 2004 Hourlv rates Principle-in-Charge.............................. ................... $192.00 Project Engineer........................................·..·..·..· ...$128.00 Professional Staff..........................................··..···· ...$ 96.00 Technical Staff...........................................····..· ...... $ 89.60 Inspection Staff.....................................·.....·······..· ...$ 83.20 Clerical Staff........,.. ... ...,...........,........... ............ ...... $ 64.00 The hourly rates will include direct labor costs, overhead costs, and all indirect costs of Tetra Tech/KCM, Inc. such as office equipment and computer use, etc. Direct Non-Salary Reimbursable Expenses · Reproduction Fees · Communication Fees · Mileage at $0.37.5/mile or the current approved IRS rate. It is understood that all reimbursements are at cost. Subcontracts: The CONSULTANT, at the CITY'S request shall enter into subcontracts with other consultants, such as appraisers and/or environmental consultants, etc. If approved, the CITY shall reimburse the CONSULT ANT for the actual cost of the subcontracts plus a 10% markup to cover the CONSULTANT'S additional overhead expense associated with the Subcontract. Schedule of Charges