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AG 14-049RETURN TO: rri'33 m EXT: X 22p/ CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS "/ ,6JM 2. ORIGINATING STAFF PERSON: l� U77 s EXT: �C� 3 3. DATE REQ. BY: l r %/ 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ /PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 9 PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL ❑ OTHER 5. PRojEcTNAME: NAME OF CONTRACTOR: IM /dC. ADDRESS: Ml j ?r#. "A/L,/. gm AW" 04 fF332- E -MAIL: SIGNATURE NAME: FAX: TITLE: 7. EXHIBITS AND ATTACHMENTS: SCOPE, WORK OR SERVICES d COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE #011o1183000oo 6L BL, EXP. 12/31/Vj UBI # le0%0a jg.ai'l , EXP. 8. TERM: COMMENCEMENT DATE: 7M&C AGAt- COMPLETION DATE: f,3 / /.ZO/'j� 9. TOTAL COMPENSATION: $ 14SU. 00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: eI / YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ /, llr o0 IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR o CITY ❑ PURCHASING: PLEASE CHARGE TO: Y401- Ida —6Yt -!ft -�J' -Y // 10. DOCUMENT/ CONTRACT REVIEW [( / PROJECT MANAGER WDIVISION MANAGER W DEPUTY DIRECTOR VDIRECTOR D RISK MANAGEMENT (IF APPLICABLE) [3 (LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE /ice +L1 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: 1 1 `F • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ', LAW DEPT -a-eninr yr . SIGNATORY QMY .W OR DIRECTOR) If CITY CLERK XASSIGNED AG # ❑ SIGNED COPY RETURNED RETURN ONE ORIGINAL COMMENTS: INIIJAL / DATE SIGNED AG# DATE SENT: — '- INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: A I X I 11/9 CITY OF CITY HALL A%., Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cayoffederalmay com PROFESSIONAL SERVICES AGREEMENT FOR HYLEBOS WATERSHED FISHERIES ASSESSMENT This Professional Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and HDR Engineering, Inc., a Nebraska Corporation ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: HDR Engineering, Inc.: Gus Garcia 4717 97th Street NW Gig Harbor, WA 98332 (253) 858 -5262 (telephone) (253) 858 -5263 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: Tony Doucette 33325 8t" Ave. S. Federal Way, WA 98003 -6325 (253) 835 -2753 (telephone) (253) 835 -2709 (facsimile) .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31 st, 2014 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. j,ERVICES. The Contractor shall perform the services more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Services "), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor represents that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1 - 9/2012 CITY OF CITY HALL '�•,.... 33325 8th Avenue South Federal Way Federal Way, WA 98003 -6325 (253) 835 -7000 anew crtyoffederalway com 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, and hold the City, its elected officials, officers, employees, agents, representatives, and insurers, harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, reasonable attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; to the extent caused by the negligent acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall require that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, and insurers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub - contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. PROFESSIONAL SERVICES AGREEMENT - 2 - 9/2012 CITY OF CITY HALL "�.... Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain such coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work with the exception of those standard details and specifications regularly used by the Contractor in its normal course of business shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. Any reuse or modification of such Documents for purposes other than those intended by the Contractor in its Scope of Services shall be at the City's sole risk and without liability to the Contractor herein. PROFESSIONAL SERVICES AGREEMENT -3 - 9/2012 CITY OF ti Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 mvw cityoffederaAvay com 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor 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 the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. PROFESSIONAL SERVICES AGREEMENT - 4 - 9/2012 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederalway com 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. 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 Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any material breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - 9/2012 CITY OF :*... Federal CITY HALL Way 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 wim cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jim Ferrell, or DATE: HDR ENGINEERING, INC. By: Printed Name: a);(,4 64"k. 13 /44 /o c-le- Title: 4?M i a r Vice l" ✓p $ ; c,e., -F- DATE: -5111114 ATTEST: n, 0 -City Clerk, Carol McNeilly, MC 46 APPROVED AS TO FORM: City Attorney, Patricia A Richardson STATE OF WASHINGTON) ss. COUNTY OF _� R n t is d person lly appeare be re met �l to me known to be the �of that executed the foregoing instrument, and acknowledged the said instrument to W the free and-voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of „ , 20, L 4 _L_ Notary's signature Notary's printed n, Notary Pwwlc State of WasMngton DIME L MEISTER My Appointment Expires Aug 9, 2017 otary Public in and for My commission LZ-3 PROFESSIONAL SERVICES AGREEMENT - 6 - 9/2012 CITY OF CITY HALL .,.,,,_'�.. Federal 33325 8th Avenue South • Box 9718 Way Federal Way, VVA 98063 -9718 18 (253) 835 -7000 www cityoffederalway corn EXHIBIT "A" Hylebos Watershed Fisheries Assessment Scope of Work Project Description This Scope of Work describes scientific support services by HDR Engineering Inc. to the City of Federal Way to provide information on the extent of salmonid presence and the condition of salmon habitat in the Hylebos Creek. Field surveys will be conducted to obtain information on existing habitat quantity and quality, potential fish passage barriers, presence and extent of adult salmon spawning habitat, and species composition including juvenile salmon presence in spring and summer. This task is the first step in the process to establish existing conditions and locate potential areas and actions for improving or expanding fish habitat in the basin. The focus of this task will be to confirm and expand on existing baseline information using surveys conducted in the field. Task 1: Pre - survey preparation and analysis Labor Estimate: 2 HDR biologists: 16 hours total A brief background literature review and summary and mapping in GIS or other sources will be conducted to determine survey extent and target sampling areas and access. This task will also include obtaining the necessary permits for scientific collection needed for fish census sampling to occur in the spring/summer. Assumptions: • The city will provide any existing habitat, fish presence, and map data for Hylebos Creek. • A scientific collection permit will be obtained from WDFW by HDR to cover this work Task 2: Spring/summer habitat and passage barrier surveys Labor Estimate: 2 HDR biologists: 84 hours total Field surveys will be conducted to assess and delineate fish habitat to confirm and expand on existing information including water body typing and reach characteristics. Surveys will be conducted on the main branches (west and east forks) of Hylebos Creek, in King County. Reach delineation is performed at the start of a fish and fish habitat inventory process to allow for selection of survey site locations. Dividing streams into homogeneous sections allows for sampling in a portion of a reach to collect information that is representative of the entire reach. Habitat assessment of the study reaches will be conducted in the spring or early summer of 2014 to assess and map the extent of suitable rearing and spawning habitat for salmonids. The stream reach surveys will include general riparian habitat classification and functionality, stream channel characteristics, large woody debris abundance, and dominant substrate characteristics. Substrate will be classified by general particle size (cobble, gravel, etc) and embeddedness to indicate the amount of fines in the interstitial spaces between the substrate particles. The general stream habitat type (i.e., glide, riffle, or pool) will be recorded throughout the entire surveyed reach. Methods for determining these metrics are derived from stream habitat measurement guideline documents used in Washington (Herrera 2009, Pleus et al. 1999; Kaufmann and Robison 1998; Fitzpatrick 1998). PROFESSIONAL SERVICES AGREEMENT - 7 - 9/2012 CITY of CITY HALL ;.. 33325 8th Avenue South • Box 9718 Fe d e ra I Way Federal Way. WA 98063 -9718 18 (253) 835 -7000 wwwcityoffederalw iycom Assumptions: • The city will coordinate site access to areas outside city property as needed to complete field surveys and provide to HDR a right to enter property prior to conducting surveys • Due to the dynamic nature of river hydraulics and weather conditions, there will be inherent schedule flexibility in the dates of completion of the habitat surveys, but surveys will be completed by June 30, 2014. • The city will be notified prior to HDR biologists conducting survey events Fish presence will be monitored opportunistically by visual counts of any fish encountered while conducting the fish habitat surveys. Any barriers to fish passage present throughout the surveyed reaches will also be qualitatively assessed and catalogued. Task 3: Species presence including iuvenile salmonids Labor Estimate: 2 HDR biologists: 72 hours total Fish species composition will be determined in several sample reaches (a minimum of 4). These reaches will be selected and delineated during the initial habitat surveys and based on focus areas where habitat is most suitable for juvenile salmonids to occur. Backpack electro - fishing will be conducted to catalogue the species and life stages present within each sample reach. All fish sampled will be identified to species, weighed, measured, and then released outside the sample reach so they will not be re- counted in subsequent passes. Sampling will occur during 5 field days within a few weeks during spring or early summer to capture juvenile salmon presence and distribution. Deliverables: • Memo detailing number, species and approximate size of fish sampled from the study area. Assumptions: • The city will coordinate site access to areas outside city property as needed to complete field surveys • Due to the dynamic nature of river hydraulics and weather conditions, there will be inherent schedule flexibility in the dates of completion of the electrofishing surveys, but sampling will be completed by July 31, 2014. • The city will be notified prior to sampling events Task 4: Fall Spawning surveys Labor Estimate: 2 HDR biologists: 56 hours total Field surveys of spawning distribution will be conducted in the fall of 2014 during the peak and latter part of the spawning season. Surveys will be conducted by 2 HDR biologists for a minimum of 4 field surveys, spread over several weeks. Surveys will be focused in reaches delineated during the spring habitat surveys that had the greatest potential to support salmon. Surveyors walk in a zigzag pattern across wide reaches of the river and along the bank when the entire wetted channel can easily be viewed from shore. The location of any redds or carcasses will be recorded with a GPS and biodegradable flagging to prevent re- counting. Assumptions • The city will coordinate site access to areas outside city property as needed to complete field surveys Surveys will be completed by October 31, 2014 PROFESSIONAL SERVICES AGREEMENT - 8 - 9/2012 CITY OF Federal Way Task 5: Data summary and Technical Memorandum Labor Estimate: 2 HDR biologists: 20 hours total CITY BALL 33325 8th Avenue South • PO Box 9798 Federal Way. WA 98063 -9718 (253) 835 -7000 awvw cftyoffedera(way com A technical memorandum will be produced to provide a summary of all the survey data collected during the spring and summer habitat surveys, species census, and fall spawning surveys. The memo will include general recommendations for potential areas that may be most suitable for habitat restoration and/ or barrier removal that would provide the greatest benefit to salmon. Assum tp ions • Technical memorandum will not exceed 15 pages • Draft due November 15, Final due November 30, 2014. Task 6: Proiect Management Labor Estimate: HDR staff 11.5 hours total The Consultant will organize, manage, and coordinate all tasks to accomplish the work, provide project management and contract administration services to maintain efficient contract progress, and coordinate the work with the City of Federal Way representative. This task includes all work related to the management, administration, and coordination of consultant activities. PROFESSIONAL SERVICES AGREEMENT - 9 - 9/2012 CITY OF CITY HALL �... 33325 Federal Way Feder 8th Avenue 8063- • 18 Box 9718 Federal Way. WA 98063 -9718 (253) 835 -7000 :vvvw cityoffederahvay cam EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed thirty -one thousand, five hundred ninety -six and 00 /100 Dollars ($31,596.00). 2. Method of Compensation: Hourly rate: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor the amounts calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Reimbursable Expenses: The actual customary and incidental expenses incurred by Contractor in performing the Services including transportation and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed one thousand, seven hundred ninety -five and 00 /100 Dollars ($1,795.00). Labor charges $29,801.00 Ex enses: $1,795.00 Grand Total: 1 $31,596.00 PROFESSIONAL SERVICES AGREEMENT _10- 9/2012 Project Sr Environ- Fish and Environ- Mgr/Local mental Project Wildlife mental Task # Tasks & Subtasks Gov't Lead Biologist/QC Controller Biologist Scientist Hours Fee Hourly Rates $ 145.07 $ 130.53 $ 105.06 $ 115.50 $ 103.30 1 Task 1 - pre -survey preparation 0 4 0 12 0 16 $ 1,908 Subtask 1.1 - background and mapping 8 8 Subtask 1.2 - collection pernift 4 4 8 2 Task 2 - habitat and barrier survey 0 0 0 42 42 84 $ 9,190 Subtask 2.1 42 42 84 3 Task 3 - species survey 0 36 0 36 0 72 $ 8,857 Subtask 3.1 - backpack e- fishing 36 36 72 4 Task 4 - Fall spawning surveys 0 0 0 32 24 56 $ 6,175 Subtask 4.1 32 24 56 5 Task 5 - Tech Memo 0 4 0 16 0 20 $ 2,370 Subtask 5.1 - data summary , 4 4 Subtask 5.2 - draft 4 8 12 Subtask 5.3 - final 4 4 6 Task 6 - Project management 1 0 5.5 5 0 11.5 $ 1,300 Subtask 6.1 1 5.5 5 11.5 Task Total Hours 1 44 5.5 143 66 259.5 Task Cost $ 145.07 $ 5,743.32 $ 577.82 $16,516.50 $6,818.01 $29,801 Reimbursable Expenses: The actual customary and incidental expenses incurred by Contractor in performing the Services including transportation and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed one thousand, seven hundred ninety -five and 00 /100 Dollars ($1,795.00). Labor charges $29,801.00 Ex enses: $1,795.00 Grand Total: 1 $31,596.00 PROFESSIONAL SERVICES AGREEMENT _10- 9/2012 CERTIFICATE The undersigned hereby certifies that she is the Assistant Secretary of HDR Engineering, Inc., a Nebraska corporation (the "Corporation "), and that, as such, has custody of the minute books of the Corporation, and that, by Consent and Agreement of the Board of Directors dated January 1, 2014, the following resolution was unanimously adopted: "RESOLVED, that effective immediately, and until June 20, 2014, or until termination of said individual from the Corporation, or until recision by the Corporation's Board of Directors, whichever occurs first, the following individuals are hereby granted the nondelegable authority to execute or approve on behalf of the Corporation, contracts for engineering services and architectural services incidental to engineering services to be rendered by the Corporation, ... , or releases of claim or lien in connection with such services, such contracts or releases so executed or approved shall be binding upon the Corporation: ... William M. Blaylock — Senior Vice President ..." The undersigned further certifies that the foregoing resolution has been spread in full upon the minute books of the Corporation and is in full force and effect. AA DATED C 7 2014. /�;�LEA14j" o(CORPORATE. 'L) y; Bonnie J. KudrdA, Asst. Secretary