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HomeMy WebLinkAboutUtilities 2015-06-23 COMPLETE AGENDA PACKETCity of Tukwila Utilities Committee • Dennis Robertson, Chair • Verna Seal • De'Sean Quinn AGENDA Distribution: P. Brodin D. Robertson R. Turpin V. Seal M. Hart D. Quinn Clerk File Copy K. Kruller 2 Extra Mayor Haggerton Pg. 1 D. Cline e-mail cover to: A. Le, L. Humphrey C. O'Flaherty, D. B. Giberson Robertson, D. Almberg, F. Iriarte B. Saxton, S. Norris, R. Tischmak M. Hart, L. Humphrey G. Labanara TUESDAY, JUNE 23, 2015 — 5:30 PM FOSTER CONFERENCE ROOM (formerly known as CR #1) in the 6300 Building Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a) Duwamish Gardens - Construction Management a) Forward to 7/6/15 Regular Pg. 1 Consultant Selection and Agreement Consent Agenda b) Interlocal Agreement for Green River, Duwamish River and b) Forward to 7/13/15 C.O.W. Pg. 45 Central Puget Sound Watersheds of Water Resource Inventory Area 9 (WRIA 9) 3. ANNOUNCEMENTS 4. MISCELLANEOUS Future Agendas: Next Scheduled Meeting: Tuesday, July 14, 2015 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206- 433 -0179 for assistance. Utilities Committee - 2015 Work Plan Description Qtr Dept Action or Briefing Status Andover Park West /Strander New Water Main Closeout with the TUC Transit Center 3 PW A 58th Avenue South Water Main Replacement Bid award 4 PW A Macadam Rd South Water Upgrade Design contract 2 PW A 6/15 Consent Fort Dent Sewer Relocation Design contract (301 Fund) 1 PW A 3/16 Consent Andover Park E Water /Sewer Main Replacement Design contract 2 PW A 6/15 Consent Annual Sewer Repair Program Bid award — Side Sewer at 56t Ave S 2 PW A Completed CBD Sanitary Sewer Rehab 2015 Bid award 3 PW A Closeout 4 PW A CBD Sewer Repair Update & Closeout 3 PW B Sewer Lift Station #2 Upgrades Bid award 3 PW A Sewer Repair West of Strander Blvd Bridge Bid award 3 PW A GIS Inventory of Sewer System Design consultant 4 PW A Annual Small Drainage Program Bid award 2 PW A Completed 2016 program design contract 4 PW A NPDES Annual update 3 PW B Complete 3/10 East Marginal Way S Stormwater Outfalls Grant acceptance 4 PW A East Marginal Way S Storm Pipe Replacement Construction Status update & Closeout 4 PW B Tukwila 205 Levee Certification Phase 1 Funding Options (per Budget work shop) 2 PW B Chinook Wind Design consultant PW A OTHER Water Asset Management Briefing 4 PW B King County Grant for Recycling Assistance - DCD 1 DCD A Complete 2/2 Briscoe Desimone Levee Update — City of Kent 1 PW B Zayo Franchise Agreement 1 PW A Completed Utility Comprehensive Plan Review 1 -4 PW B In Progress Standard Reports /Briefings Frequency Dept. Facility Tours As needed PW Waste Management Update Annual PW (Complete 3110) Committee Work Plan 2X Council, Staff City of Tukwila Updated 6/8/15 -City of Tukwila Jim Haggerton, Mayo TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director By: Mike Perfetti, Project Manager DATE: June 19, 2015 SUBJECT: Duwamish Gardens Project No. 90630102 Consultant Selection and Agreement ISSUE Approve a contract with Parametrix, Inc. for construction management (CM) services for the Duwamish Gardens Project. BACKGROUND The City awarded the construction contract to McCann Construction on May 18, 2015 for the construction of the Duwamish Gardens habitat project. While in-house City staff will provide the lead role in managing the Duwamish Gardens construction contract, a significant amount of CM resources will also be required to supplement in-house capabilities and fulfill various grant requirements, project documentation, and inspections. Staff reviewed the MRSC Consultant Roster and shortlisted three firms, requesting proposals from each. The proposals were reviewed and the top two, Parametrix, Inc. and Harris & Associates, were interviewed. Parametrix was rated the highest qualified CM consultant for Duwamish Gardens by the cumulative scores of the selection panel. ANALYSIS Staff negotiated a scope of work with Parametrix for Duwamish Gardens that includes field engineering, limited inspection, documentation compliance support, archeological and contaminated soils monitoring, and materials testing. The overall scope is limited, but will be adequate with assistance from City staff to cover some of the inspection and project management functions. FISCAL IMPACT Contract Budget Parametrix Construction Management $314,926.27 $315,000.00 RECOMMENDATION Council is being asked to approve the contract with Parametrix, Inc. for construction management services in the amount of $314,926.27 for the Duwamish Gardens Project and consider this item on the Consent Agenda at the July 6, 2015 Regular Meeting. Attachments: CM Consultant Section Scoring Sheet Page 36, 2015 CIP Consultant Contract \Ntukdata2k12\pw common$\PW Eng\PROJECTS\A- DR ProjectsTuwarnish Gardens 06-DR02 (90630102)NConstruction\#,010 - Pre con PhaseTonsuftant Selection\(005) - CM Consuftant Selection\INFO MEMO Parametrix CM 06-19-15 gl sb.docx Duwamish Gardens Project Rankings Final Ranking Score Translated Final Ranking Ryan (Proposal) Ryan (Interview) Peter (Proposal) Peter (Interview) 40% 60% 40% 60% Harris & Associates 0.8 1.2 0.8 1.2 4 2 KPG 1.2 N/A 1.2 N/A N/A N/A Parametrix 0.4 0.6 0.4 0.6 2 1 Scores Final Score Final Ranking based on Scores Ryan (Proposal) Ryan (Interview) Peter (Proposal) Peter (Interview) 40% 60% 40% 60% Harris & Associates 134.0 348.0 140.0 360.0 982.0 2 KPG 120.0 N/A 112.0 N/A N/A N/A Parametrix 164.0 330.0 144.0 390.0 1028.0 1 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: K]uVvammimh Gardens Project No. 90830102 DESCRIPTION: Purchase and restore site oea salmon estuary and passive park. Th�pn�e��indudedinUmVVRk4SS�mon Recovery Plan's efoUaho acquire and �o�na2U-acmn JU8�|���AUON' ' within the Duwamioh estuary. Also includes all rivedron property from E Marginal VVy8to Tukwila |nt'|Blvd. STATUS: Property acquired in 2008. Design began in 2012 with construction scheduled to begin in 2014. DOA|NT.|K8PACT: With a new passive park, additional maintenance will beneeded. Funding from State Salmon Recovery Board (SRFB), King Conservation District (KCD), WRIA 9 King COMMENT: Conservation District, King County Conservation Futures, WA State Aquatic Lands, WA State Earmark, King County Flood Control District, and Puget Sound Acquisition and Restoration (PSAR) grants. FINANCIAL Through Estimated on$oou's) 2013 2014 2n1 MIS 2n17 onin nnin qnnn ni=vnmn roru/ EXPENSES Design 403 90 493 Const. Mgmt. 50 265 315 Construction 7 750 1,375 2,132 TOTAL EXPENSES 2,544 950 1 1,640 01 0 01 01 01 0 5,134 FUND SOURCES Awarded Grant Land 2,011 2,011 Award Grant Design 270 131 401 Award Grant Const. 750 1,614 2,364 Mitigation Expected 0 2O15-2020Capital Improvement Program 30 a City of Tukwila Contract Number: (D 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Parametrix, Inc., hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform construction engineering services in connection with the project titled Duwamish Gardens Habitat Restoration Project. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending January 9, 2017, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than January 9, 2017 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $314,926.27 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 4 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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 Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. CA revised : 1 -2013 Page 2 5 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised : 1 -2013 Page 3 6 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised : 1 -2013 Page 4 7 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. IVATED this day (K 8 EXHIBIT City of Tukwila Duwamish Gardens — Construction Management INTRODUCTION This Scope of Work assumes the following: • The "Project" will include Duwamish Gardens as specified on the Duwamish Gardens Contract Documents. • Contract duration will be 390 calendar days and will take place beginning in June of 2015. • Additional improvements which extend the contract duration or require additional design effort are not included. • Parametrix will perform the functions involved in contractual issues between the City and Contractor. These tasks will include project documentation per City of Tukwila Construction Manual requirements and review of submittals. We are anticipating five train elements of Construction Phase Services: 1. Project Management 2. Project Start-Up 3. Construction Engineering & Documentation 4. Permit Agencies and Utilities 5. Subconsultants The "City" when used in this Scope of Work is defined as City of Tukwila staff. Below is a detailed description of the tasks included in this Scope of Work. Period of Performance The services under this scope of services will commence upon the receipt of a Notice to Proceed, which will be issued on approximately June 15, 2015. The period of performance will extend from the Notice to Proceed date through January 15, 2017. Parametrix's ability to meet this schedule is contingent upon the Contractor's activities. Parametrix's services are also based upon the schedule or duration of construction of 390 calendar days is anticipated at the time that these services are agreed upon. Deviations from the anticipated schedule or duration of construction will materially affect the scope of these services and Parametrix's compensation for the services, and will require an adjustment to Parametrix's compensation. Parametrix will not perform services beyond the agreed to contract amount without written authorization from the City. The level of effort to perform the work described is based on a standard 5 -day work week and standard 8 -hour workday. 1 City of Tukwila Duwamish Gardens Habitat Project June 2015 01 Project Authority The presence or duties of Parametrix's personnel at a construction site, whether as onsite representatives or otherwise, do not make Parametrix or Parametrix's personnel in any way responsible for those duties that belong to the City and /or the Contractors or other entities, and do not relieve the Contractors or any other entities of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction contract documents and any health or safety precautions required by such construction work. Parametrix's project authority shall be as Project Engineer as prescribed in Section 1 -05.2 of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction 2014. Parametrix has no authority to exercise any control over others' health and safety but will notify affected personnel of any site conditions posing an imminent danger to them which Parametrix observes. The City agrees to include in all construction contracts any provisions providing Contractor indemnification of Owner for Contractor's negligence as equal indemnification of Parametrix and Parametrix personnel. PHASE 1— CONSTRUCTION ADMINISTRATION ASSISTANCE Task 1 — Project Management Approach: • Prepare monthly billings and progress reports (nineteen assumed). • Schedule and coordinate internal staff • Perform proj ect setup and monitoring of contract. • Project documentation to meet City of Tukwila Construction Manual requirements. Products: • Monthly invoices and progress reports. • Miscellaneous correspondence and letters. Task 2 — Project Start -Up Approach: This task involves the following activities: • Meet with the City to review Manual requirements regarding acceptable documents and other requirements contained in the contract. • Attend Informal preconstruction meeting with the City • Attend preconstruction meeting with Contractor and City. • Establish lines of communication for project between City, Contractor, and Parametrix. 1111 • Create Record of Materials (ROM) and review with City. • Set up submittal log for submittal reviews to be completed by Parametrix. Deliverables: • Submittal review log (upon request). • Documentation on audit requirements from funding agencies, including checklists (hard copies to be provided and discussed in person, electronic versions available upon request). Assumptions: • Preconstruction meetings will be held at City Hall. • Construction files will be maintained by Parametrix per the requirements of City of Tukwila's Construction Manual. • Three (3) Parametrix staff will attend the preconstruction meeting with the Contractor and the City. This meeting will be limited to nine (9) staff - hours. Task 3 — Construction Engineering & Documentation Approach: This task involves engineering activities during construction to assist the City in management of the construction contract. It includes interpretation of contract documents, coordination with the City and the Contractor to verify that the contractual obligations of the project are met, and on -going review of the documentation per City of Tukwila Construction Manual requirements. This work includes the following items: • Review funding agencies audit documentation requirements and checklists with the City. • Attend up to 14 construction meetings with the Contractor and City; meetings will be attended once a week, on average, by 1 Parametrix staff as construction progresses in the field. • Provide office calculations and support for construction issues. • Maintain material submittal documentation files for products that Parametrix will review. Deliverables: • Records of submittals and shop drawing reviews. • Office support and calculation data will be submitted via e -mail or hard copies to the City for their review and approval and sent on to the Contractor as needed. "i Parametrix will maintain Project Documentation for delivery to the City at Final Acceptance of the project or as otherwise agreed upon. Project documentation shall be hard copy with a duplicate version as electronic PDF format. Documentation File Fi f --I-' - Financial and Administrative Information 1.01 Remittance Advice / Request for Payment (Prime Contractor) 1.02 Change Orders 1.03 Retainage Lien and Bond Claim Communication 3.01 Preconstruction Conference 3.03 Prime Contractor/ Communications / Transmittals 3.04 General Utilities Communications / Transmittals 3.05 General Traffic Control Communications / Transmittals 3.06 General Contract Closure Communications / Transmittals 3.07 Requests for Information (RFI) and Responses 3.08 Construction Meeting Agenda/Notes Time 4.01 Notice to Proceed 4.02 Weekly Statement of Working Days / Suspend & Resume Work / Start Work / Time Extension 4.03 Physical, Substantial, and Final Completion Letters 4.04 Approved Project Schedule M 4.05 Periodic Schedule — 4 Week Look Ahead Schedule Contract Documentation 5.01 General Documentation 5.01.01 Submittal Log 5.01.02 Submittals /Responses — General Documentation 5.01.03 Labor Compliance Log Prime 5.01 Prime Contractor Statement of Intent to Pay Prevailing Wages 5.02 Active State Contractor's License 5.03 City Business License 5.04 Certificate of Liability Insurance 5.05 Federal Excluded Parties Listing System Checked 5.06 Prime Contractor Certified Payrolls (CONFIDENTIAL) 5.07 Affidavit of Wages Paid 5.08 Weighted Wage Rate & Equipment List/Rate 5.08A Breakdown of Lump Sum Items 5.08B ESC Lead Certification 5.08C Emergency Contact List Subcontractors (Multiple Files) 5.09 Request to Sublet Work (421 -012 EF) 5.10 Certification for Federal Aid Project (420 -004 EF) 5.11 Approved Statement of Intent 5.12 Active State Contractor's License 5.13 City Business License 5.14 Certificate of Liability Insurance 5.15 Federal Excluded Parties Listing System Checked 5.16 Subcontractor Certified Payrolls (CONFIDENTIAL) 5.17 Affidavit of Wages Paid 5.18 Weighted Wage Rate & Equipment List/Rate 5.19 Employee Minimum Wages Interview Report (424 -003 EF) Materials 6.00 Record of Materials (ROM) Source Approval 6.01 Request Approval of Materials (RAM) 6.01.01 Material Submittal Log 6.01.02 Submittals — Material Documentation (Multiple Files) 6.01.03 Responses /Approved Material Submittals /Signed Field Verification (Multiple Files) • Catalog Cuts • Mfg. Certification of Compliance • Certification of Material Origin • QPL • Shop Drawing 6.02 Material Testing 6.02.01 Material Testing Log 13 6.02.02 Testing Reports Reports 7.01 Inspector's Daily Reports 7.02 Force Account Work (Multiple Files) 7.03 Field Note Records (Multiple Files) 7.04 Truck Tickets (Multiple Files) 7.05 Material On Hand 7.06 Erosion and Sediment Control Inspection Reports (220 -030 EF) 7.07 Scaleman's Daily Reports 7.08 Landscape Reports — Pesticide / Herbicide / Backflow / Weed Control/ Plant Establishment Plan 7.09 Contractors TESC Reports / CESCL Certifications 7.10 Contractors Survey Notes/ Survey Crew Daily Reports 7.11 Daily Construction Photos 7.12 Punch List Plans 8.01 Contract Plans /Addendums 8.02 Preliminary Shop Drawings - All 8.03 Plan Changes/ Field Directive 8.04 Safety — Contractor's Safety Checklist / Fall Protection Plan / Emergency Action Plan / Spill Prevention Plan 8.05 Project Sign Traffic Control 10.01 Traffic Control - Approved TC Plans / Traffic Control Review 10.02 Traffic Control Logs (421 -04013 EF) / Contractor's Daily Report of Traffic Control (421 -040A EF) / TCS Cert 10.03 Traffic Control Plans - All 10.04 Record of Accidents & Traffic Surveillance (CONFIDENTIAL) Final Records / Closeout 11.01 Final Records • Affidavits of Wages Paid Checklist • Certified Payroll Checklist • Contract Document Checklist 11.02 Final Estimate • Final Cont. Voucher Certificate • Liquidated Damages & Miscellaneous Deduction Letters • Retainage • Final Acceptance Letter 11.03 Documentation Review - Initial & Follow up Reviews / Exam Sheet for Contract Items / Recap of Final Contract Items 11.04 Photo Records 14 Assumptions: Submittal review time will include review of products and Contractor- proposed change. • Construction meetings will average 2 hours. Parametrix will attend construction meetings for a total of no more than 28 hours. • Parametrix will provide office support and calculations regarding construction questions and other issues. • The City of Tukwila project manager will provide all submittal review. Parametrix will provide limited review services as needed, not to exceed 20 hours. • The City of Tukwila project manager will provide all RFI review and responses. Parametrix will provide limited review services as needed, not to exceed 16 hours. • Parametrix will provide on -call assistance with construction and questions regarding documentation requirements per the City of Tukwila Construction Manual. • The City will coordinate and direct materials testing services for gradation, mix designs, soil compaction, import fill materials, embankment compaction, and asphalt density. Project Closeout Approach: This task includes activities to complete the City's files per Manual requirements for project closeout. The following activities will be performed: • Review documentation requirements for changes made to the design plans during construction. • Project closeout shall include review of final records and forms required to close the construction contract and complete filing per the Manual. Parametrix will collect and compile all documents during construction and provide them to the City prior to audit. Deliverables: • Project documentation as a hard copy, with a duplicate version as electronic PDF format. • Required closeout forms in draft electronic format Task 4 — CONSTRUCTION OBSERVATION Approach: Parametrix will conduct limited on -call observations of the Contractor's work for the purposes of determining if the work generally conforms to the contract for construction and that the integrity of the design concept as reflected in the contract for construction has been implemented and preserved by the Contractor. Parametrix will provide a Construction Observer that is assigned to project for 50 hours. Parametrix's construction observation staff will arrange for taking photographs of the work in progress by the Contractor on days the construction observer is on site. These photographs will be made available to the Owner. Photographs will also document existing conditions that may relate to changed conditions or utility conflicts as they are exposed. W Parametrix's observation of the work is not an exhaustive observation or inspection of all work performed by the Contractor. Parametrix does not guarantee the performance of the Contractor. Parametrix's observations shall not relieve the Contractor from responsibility for performing the work in accordance with the contract for construction, and Parametrix shall not assume liability in any respect for the construction of the project. Parametrix shall, with the assistance of the Owner, obtain written plans from the Contractor for quality control of its work, and will monitor the Contractor's compliance with its plan. Copies of all construction observation daily reports will be provided to the Owner the following day. Should observation services be requested by the City of Tukwila beyond 50 hours, an amendment to the scope will be required. Deliverables (for days onsite): • Daily Inspection Forms • Daily Quantity and Measurement Notes • Construction Photos Assumptions Onsite observation to occur as follows: 50 hours construction observation will be provided on an on -call basis as needed through the duration of the contract. • Gear, vehicles, equipment, for the onsite observation to be provided by Parametrix. • The City will provide a work station with internet access on or close to the project site for use during the contract time frame. Task 05 — Permit Agencies and Utilities The CM Team will coordinate with the Permit Agencies during construction for permit clarification and compliance. Deliverables No deliverables identified for this task. Assumptions • The City, Design Engineer, and /or Contractor will attend or participate in the meetings or discussions as appropriate and as requested. • Parametrix will coordinate permit compliance, but assumes no responsibility. Task 06 — Subconsultants Parametrix will coordinate with all subconsultants to provide historic artifact monitoring, contaminated soils monitoring, and Engineer of Record coordination. f[:9 Deliverables See attached scopes. BUDGET The attached spreadsheet, Exhibit B, shows Parametrix's estimated costs to perform the work elements above. Several of the individual items of work are directly related to the duration of construction. Should the construction extend past 390 calendar days, the approved budget will probably need to be increased. Likewise, if construction is completed in fewer than 390 calendar days, it is possible that all of the approved budget will not be needed. MA VIII SHANNON 6V1/ILSON, INC. VIVIVIVIVIIIIUIIIIIIIVI111011111�' Illllu 6;1 E,; 0 V' E G 8 N f C, PA 8 A 1,8 0 3 p4 V R 1,"t 0 l ,4 19 E N 1'/4 k_ C C) U f S 8 L P'/\ 1 3" 01011)0 IVI I V; C7 C:M IN I ('iIINII:::::( C) IV VIVI /Vf h- VIINC'7I ON VV s C:;r'iI`d;:: IV June 9, 2015 Mr. Ronnie Bennett Parametrix 7192 nd Avenue, Suite 200 Seattle WA 98104 RE: PROPOSAL FOR ENGINEERING AND ENVIRONMENTAL SERVICES DURING CONSTRUCTION OF DUWAMISH GARDENS HABITAT RESTORATION PROJECT CONSTRUCTION Dear Mr. Bennett: Shannon & Wilson, Inc. is pleased to submit the following proposal for providing engineering services during construction for the Duwamish Gardens Habitat Restoration Project. The proposed scope of services (Enclosure A) and cost estimate (Enclosure B) are enclosed with this letter proposal. Also enclosed is our Standard General Terms and Conditions (SEA -GH- 2015) and "Important Information About Your Geotechnical/ Environmental Proposal." Please let me know if you have questions regarding the proposal information in this letter proposal. Sincerely, SHANNON & WILSON, INC. David Cline, P.E., C.F.M. Vice President — Hydraulic Engineer DRC /dre Eric: Enclosure A — Subcontract — Scope of Services Enclosure B — Cost Estimate Standard General Terms and Conditions, SEA -GH -2015 (1/2015) Important Information About Your Geotechnical/Environmental Proposal 21 -2 -62281 -001 -L 1 /wp /lkn 400 1111 1311 ° °I 34 11, 1 S I 1:::3 1::::::: I S l J I 11::::::: 100 x C P I':I(X 300303 Sl: A I I 1 A'VAS1, 1118 "� 11 )IV 98103 8638 3806 -0333 802 :FAX', 206-695 6777 11.)[) 1 800 833 6388 www shvannolnwllscln ccr)q fPA&a1►.1►.i�EIII1I 18 1° IIP 0P" w [1 SON, EMC. ENCLOSURE A SUBCONTRACT — SCOPE OF SERVICES Task 1.0 Engineering and Environmental Services During Construction The Duwamish Gardens Habitat Restoration Project will be constructed in the summer and fall of 2015. This scope of services is for engineering services by Shannon & Wilson, Inc. as a subconsultant to Parametrix providing Construction Management services for the project. The following services will be provided for the project: • Project management for a four -month period. • Submittals reviews and comments. • Attendance at eight construction meetings. • Participation in eight construction conference calls. • Up to eight site inspections. • Quality assurance testing for contaminated soils, groundwater, and geotechnical soil properties. • Request for Information (RFI) assistance. • Change order review assistance. • Project closeout assistance. Deliverables: • Provide written daily field reports for site visits and inspections. • Provide non - compliance and corrective action reports if needed based on the site inspections. • Provide written responses and comments to RFIs and bid documents reviewed. • Provide written comments on meeting notes to construction meetings attended. • Provide written comments to change order proposals. • Provide review and comment on project closeout, record drawings and documents. 21 -2- 62281 -001_L 1_ENCL- A /wp /lkn A- I 21 -2- 62281 -001 `N SI-1AN"40MENE1 SON, EMC. Assumptions: Budget is based and limited to the hours and rate categories in the cost estimate. RFI's, submittals, and questions will be provided from Parametrix to Shannon & Wilson, Inc. Submittal reviews are limited to those aspects of the design for which Shannon & Wilson, Inc. was responsible and the lead. ■ Meeting minutes will be written and distributed by others. 21 -2- 62281 -001_L 1_ENCL- A /wp /lkn A -2 21 -2- 62281 -001 `11 ENCLOSURE B COST ESTIMATE ENGINEERING SERVICES DURING CONSTRUCTION FIR ISLAND FARM - ESTUARY RESTORATION PROJECT SHANNON & WILSON, INC. TASK Description LABOR Subtotal Labor Hours Subtotal Labor Cost Expensees Total Vice President Sr. Princ.Prof Sr. Prof. CAD Clerical S 184 $245.f10 $150.00 $120.{)0 $125.00 $95.Q4 Contaminated Soils Laboratory Testing LS $ 1,500.00 l Project Management (June 201 5 - October 2015) 8 Standard Soils Testing LS $ 1,500.00 4 12 S 2,340 S - S 2,340 Submittals Review 8 8 8 4 28 $ 4,620 $ - $ 4,620 Construction Meetings 8 8 16 S 2,920 S 92 S 3,012 Calls 8 8 $ 1,960 $ - $ 1,960 Site tnspections 8 8 16 S 2,920 S 92 S 3,012 QA Testing 4 8 12 $ 1,940 $ 3,000 $ 4,940 RFI Assistance 8 8 S 1,960 S - S 1,960 Change Order Assistance 8 8 $ 1,960 $ - $ 1,960 Project Closeout Assistance 8 4 4 4 4 24 S 3,920 S 250 S 4,170 Subtotal 68 12 36 8 8= 132 S 24,540 S 3,434 S 27,974 Task EXPENSES Subtotal Expenses Description Unit Unit Price Quantity Mileage miles S 0.575 320 S 184 Reproduction LS $ 250.00 1 $ 250 Contaminated Soils Laboratory Testing LS $ 1,500.00 l S 1,500 Standard Soils Testing LS $ 1,500.00 1 $ 1,500 Expense Subtotal $ 3,434 N 21- 1- 62281 - 001- L1 _EN CL -B 21- 1- 12318 -231 SHANNON & WILSON, INC. Geotechnical and Environmental Consultants Attachment to and part of our Proposal: 21 -2- 62281 -001 Date: June 9, 2015 Mr. Ronnie Bennett To: Parametrix Duwamish Gardens Habitat Restoration Project Re: Construction STANDARD GENERAL TERMS AND CONDITIONS (ALL PURPOSE) ARTICLE 1 — SERVICES OF SHANNON & WILSON Shannon & Wilson's services shall be limited to those Services expressly set forth in the Task Order and is subject to the terms and conditions set forth herein. Shannon & Wilson shall procure and maintain all business and professional licenses and registrations necessary to perform its Services. Upon Client's request (and for additional Compensation, if not already included in the Task Order), Shannon & Wilson shall assist Client in attempting to obtain, or on behalf of Client and in Client's name attempt to obtain, those permits and approvals required for the Project relating to Shannon & Wilson's services. Client acknowledges, depending on field conditions encountered and subsurface conditions discovered, the member and location of borings, the member and type of field and laboratory tests, and other similar items, as deemed necessary by Shannon & Wilson in the exercise of due care, may need to be increased or decreased; if such modifications are approved by Client, Shannon & Wilson's Compensation and Schedule shall be equitably adjusted. If conditions actually encountered at the Project site differ materially from those represented by Client and/or shown or indicated in the contract documents, or are of an unusual nature which materially differ from those ordinarily encountered and generally recognized as inherent for the locality and character of the Services, Shannon & Wilson's Compensation and Schedule shall be equitably adjusted. Without increasing the Services, Compensation, or Schedule contained in any subsequently issued Task Order, Shannon & Wilson may employ such subcontractors as Shannon & Wilson deems necessary to assist in performing its Services. If Shannon & Wilson's Services are increased or decreased by Client, Shannon & Wilson's Compensation and Schedule shall be equitably adjusted. ARTICLE 2 — FEES AND EXPENSES FOR RENDERING SERVICES Fees for Shannon & Wilson's services are based on the actual time expended on the project, including travel, by our personnel and will be computed by multiplying the actual number of hours worked times the following rates. These rates are for the 2015 calendar year. At the end of each calendar year, our rates will be adjusted for the next calendar year. OFFICERS /ASSOCIATES ENG. /GEOL. /HYDRO./ENVIRON. FIELD & LAB TECH. /DRAFTER/TECH ASST. Overtime VP /Sr. VP /Pres $245.00 Sr. Principal Professional $150.00 Sr. Technical Services (Sr., IV) $100.00 $125.00 Sr. Associate $195.00 Principal Professional $130.00 Technical Services (III, II, I) $60.00 $75.00 Associate $170.00 Sr. Professional $120.00 Professional IV $110.00 WORD PROC. /REPRO./RECORDS /CLERICAL SPECIAL SERVICES Professional III $100.00 Sr. Office Services (Sr., V, IV) $95.00 $120.00 Computer Analyst $145.00 Professional II $90.00 Office Services (III, II, I) $55.00 $70.00 Info Resources Spec $120.00 Professional $80.00 Expert Testimony. Hourly rates will be doubled for time spent actually providing Expert Testimony. REIMBURSABLE EXPENSES Expenses other than salary costs that are directly attributable to our professional services will be invoiced at our cost plus 15 percent. Examples include, but are not limited to, expenses for out -of -town travel and living, information processing equipment, instrumentation and field equipment rental, special fees and permits, premiums for additional or special insurance where required, long distance telephone charges, local mileage and parking, use of rental vehicles, taxi, reproduction, local and out -of -town delivery service, express mail, photographs, film, laboratory equipment fees, shipping charges and supplies. ARTICLE 3 — TIMES FOR RENDERING SERVICES Invoices shall be prepared in accordance with Shannon & Wilson's standard invoicing practices and shall be submitted to Client by Shannon & Wilson monthly. The amount billed in each invoice shall be calculated as set forth in the Task Order. Unless the Task Order contains a fixed hump -sum price, Shannon & Wilson's actual total Compensation may be more or less than the estimate contained in the Task Order. Shannon & Wilson shall not exceed the estimate contained in the Task Order by more than ten percent (10 %) without the prior written consent of Client; provided however, unless the Client authorizes additional funds in excess of the estimate contained in the Task Order, Shannon & Wilson shall have no obligation to continue Services on the Project. Invoices are due and payable within 30 days of receipt. If Client fails to pay Shannon & Wilson's invoice within 30 days after receipt, the amounts due Shannon & Wilson shall accrue interest at the rate of one and one -half percent (1.5 %) per month (or the maximum rate of interest permitted by law, if less) after the 30'11 day. In addition, Shannon & Wilson may, after giving seven (7) days written notice to Client, suspend all Services under this Agreement until Shannon & Wilson has been paid in lull. If Client disputes Shannon & Wilson's invoice, only the disputed portion(s) may be withheld from payment, and the undisputed portion(s) shall be paid. Records of Shannon & Wilson's direct and indirect costs and expenses pertinent to its Compensation under this Agreement shall be kept in accordance with generally accepted accounting practices and applicable federal, state, or local laws and regulations. Upon request, such records shall be made available to Client for inspection on Shannon & Wilson's premises and copies provided to Client at cost. SEA -GH -2015 Page 1 of 6 22 (1/2015) ARTICLE 4 — CLIENT'S RESPONSIBILITIES Client shall grant or obtain free access to the Project site for all equipment and personnel necessary for Shannon & Wilson to perform its Services. ARTICLE 5 — STANDARD OF CARE / ABSENCE OF WARRANTIES / NO RESPONSIBILITY FOR SITE SAFETY OR CONTRACTOR'S PERFORMANCE Standard of Care The standard of care for all professional Services performed or famished by Shannon & Wilson under this Agreement shall be the skill and care ordinarily exercised by other members of Shannon & Wilson's profession, providing the same or similar Services, under the same or similar circumstances, at the same time and locality as the Services were provided by Shannon & Wilson. The installation, constriction, alteration, or repair of any object or stricture by Shannon & Wilson performed in a good and workmanlike manner in accordance with general industry standards, and conform to the specifications contained in the Task Order. Subsurface explorations and testing identify actual subsurface conditions only at those points where samples are taken, at the time they are taken. Actual conditions at other locations of the Project site, including those inferred to exist between the sample points, may differ significantly from conditions that exist at the sampling locations. The passage of time or intervening causes may cause the actual conditions at the sampling locations to change as well. Interpretations and recommendations made by Shannon & Wilson shall be based solely upon information available to Shannon & Wilson at the time the interpretations and recommendations are made. Shannon & Wilson shall be responsible for the technical accuracy of its Services, data, interpretations, and recommendations resulting therefrom, and Client shall not be responsible for discovering deficiencies therein. Shannon & Wilson shall correct any substandard Services without additional Compensation, except to the extent that such inaccuracies are directly attributable to deficiencies in Client - famished information. Warranties Shannon & Wilson makes no guarantees or warranties, express or implied, under this Agreement or otherwise, about Shannon & Wilson's professional Services. Shannon & Wilson warrants for one (1) year from substantial completion of its Services, all goods delivered hereunder shall be new and free from defects in material or workmanship, and shall conform to the specifications, drawings, or sample(s) specified or famished, if any, and shall be merchantable and fit for their intended purpose(s). Shannon & Wilson warrants that Shannon & Wilson has good and marketable title to all goods delivered hereunder, and that all goods delivered hereunder shall be free and clear of all claims of superior title, liens, and encumbrances of any kind. Client- Furnished Documents Shannon & Wilson may use requirements, programs, instructions, reports, data., and information famished by Client to Shannon & Wilson in performing its Services under each Task Order. Shannon & Wilson may rely on the accuracy and completeness of requirements, programs, instructions, reports, data, and other information fiirnished by Client to Shannon & Wilson. Client shall, only to the Tallest extent permitted by law, waive any claims against Shannon & Wilson and its subcontractors, and indemnify and hold Shannon & Wilson and its subcontractors harmless from any claims, liability, or expenses (including reasonable attorneys' fees and costs) arising from Shannon & Wilson's reliance on Client- fiirnished information, except to the extent of Shannon & Wilson's and its subcontractor's negligent or wrongfiul acts, errors, omissions, or breach of contract. Site Damage Shannon & Wilson shall take reasonable precautions to minimize damage to the Project site, but it is understood by Client that, in the normal course of Shannon & Wilson's Services, some Project site damage may occur, and the correction of such damage is not part of Shannon & Wilson's services unless so stated in the Task Order. Client shall, only to the Tallest extent permitted by law, waive any claims against Shannon & Wilson and its subcontractors, and indemnify and hold Shannon & Wilson and its subcontractors hamiless from any claims, liability, or expenses (including reasonable attorneys' fees and costs) arising from any Project site damage caused by Shannon & Wilson, except to the extent of Shannon & Wilson's and its subcontractor's negligent or wrongfid acts, errors, omissions, or breach of contract. Buried Structures If there are any buried strictures and/or utilities on the Project site where subsurface explorations are to take place, Client shall provide Shannon & Wilson with a plan showing their existing locations. Shannon & Wilson shall contact the one - member locator service to request that they identify any underground utilities. Shannon & Wilson shall use reasonable care and diligence to avoid contact with buried strictures and /or utilities as shown. Shannon & Wilson shall not be liable for any loss or damage to buried strictures and /or utilities resulting from inaccuracy of the plans, or lack of plans, or errors by the locator service relating to the location of buried strictures and /or utilities. Client shall, only to the fullest extent permitted by law, waive any claims against Shannon & Wilson and its subcontractors, and indemnify, and hold Shannon & Wilson and its subcontractors harmless from any claims, liability, or expenses (including reasonable attorneys' fees and costs) arising from damage to buried strictures and/or utilities caused by Shannon & Wilson's sampling, except to the extent of Shannon & Wilson's and its subcontractor's negligent or wrongfiul acts, errors, omissions, or breach of contract. Aquifer Cross - Contamination Despite the use of due care, unavoidable contamination of soil or groundwater may occur during subsurface exploration when drilling or sampling tools are advanced through a contaminated area, linking it to an aquifer, underground stream, or other hydrous body not previously contaminated and capable of spreading contaminants off the Project site. Because Shannon & Wilson is powerless to totally eliminate this risk despite use of due care, and because sampling is an essential element of Shannon & Wilson's Services, Client shall, only to the fidlest extent permitted by law, waive any claims against Shannon & Wilson and its subcontractors, and indemnify and hold Shannon & Wilson and its subcontractors harmless from any claims, liability, or expenses (including reasonable attorneys' fees and costs) arising from cross - contamination caused by Shannon & Wilson's sampling, except to the extent of Shannon & Wilson's and its subcontractor's negligent or wrongfiul acts, errors, omissions, or breach of contract. Opinions of Probable Construction Costs If opinions of probable constriction costs are included in the Task Order, Shannon & Wilson's opinions of probable constriction costs shall be made on the basis of its experience and qualifications and represent its judgment as a professional generally familiar with the industry. Opinions of probable constriction costs are based, in part, on approximate quantity evaluations that are not accurate enough to permit contractors to prepare bids. Further, since Shannon & Wilson has no control over: the cost of labor, materials, equipment, or Services lurnished by others; the contractor's actual or proposed constriction methods or methods of determining Compensations; competitive bidding; or market conditions, Shannon & Wilson cannot and does not guarantee that proposals, bids, or actual constriction cost shall not vary from opinions of the components of probable constriction cost prepared by Shannon & Wilson. If Client or any contractor wishes greater assurance as to probable constriction cost, Client or contractor shall employ an independent cost estimator. SEA -GH -2015 Page 2 of 6 23 (1/2015) & W'q 'COI 'q & "t"11r"IIIL..SOO "q, IHgC Review of Contractor's Shop Drawings and Submittals If review of a contractor's shop drawings and submittals are included in the Task Order, Shannon & Wilson shall review and take appropriate action on the contractor's submittals, such as shop drawings, product data, samples, and other data, which the contractor is required to submit, but solely for the limited purpose of checking for general overall conformance with Shannon & Wilson's design concept. This review shall not include a review of the accuracy or completeness of details, such as quantities; dimensions; weights or gauges; fabrication processes; constriction means, methods, sequences or procedures; coordination of work with other trades; or constriction safety precautions, all of which are the sole responsibility of the contractor. Shannon & Wilson's review shall be conducted with reasonable promptness while allowing sufficient time, in Shannon & Wilson's judgment, to permit adequate review. Review of a specific item shall not be construed to mean that Shannon & Wilson has reviewed the entire assembly of which the item is a component. Shannon & Wilson shall not be responsible for any deviations by the contractor in the shop drawings and submittals from the constriction documents, which are not brought to the attention of Shannon & Wilson in writing by the contractor. Construction Observation If constriction observation is included in the Task Order, Shannon & Wilson shall visit the Project site at intervals Shannon & Wilson deems appropriate, or as otherwise agreed to in writing by Client and Shannon & Wilson, in order to observe and keep Client generally informed of the progress and quality of the work. Such visits and observations are not intended to be an exhaustive check or a detailed inspection of any contractor's work, but rather are to allow Shannon & Wilson, as a professional, to become generally familiar with the work in progress in order to determine, in general, whether the work is progressing in a manner indicating that the work, when l ully completed, shall be in accordance with Shannon & Wilson's general overall design concept. Shannon & Wilson's authority shall be limited to observing, making technical comments regarding general overall compliance with Shannon & Wilson's design concept, and rejecting any work which it becomes aware of that does not comply with Shannon & Wilson's general overall design concept. Shannon & Wilson's acceptance of any non - conforming work containing latent defects or failure to reject any non - conforming work not inspected by Shannon & Wilson shall not impose any liability on Shannon & Wilson or relieve any contractor from complying with their contract documents. All constriction contractors shall be solely responsible for constriction site safety, the quality of their work, and adherence to their contract documents. Shannon & Wilson shall have no authority to direct any contractor's actions or stop any contractor's work. If Shannon & Wilson is not retained to provide constriction observation of the implementation of its design recommendations, Client shall, only to the fidlest extent permitted by law, waive any claims against Shannon & Wilson, and indemnify and hold Shannon & Wilson harmless from any claims, liability, or expenses (including reasonable attorneys' fees and costs) arising from the implementation of Shannon & Wilson's design recommendations, except to the extent of Shannon & Wilson's and its subcontractor's negligent or wrongfid acts, errors, omissions, or breach of contract. No Responsibility for Site Safety Except for its own subcontractors and employees, Shannon & Wilson shall not: supervise, direct, have control over, or authority to stop any contractor's work; have authority over or responsibility for the means, methods, techniques, sequences, or procedures of constriction selected by any contractor; be responsible for safety precautions and programs incident to any contractor's work; or be responsible for any failure of any contractor to comply with laws and regulations applicable to the contractor, all of which are the sole responsibility of the constriction contractors. This requirement shall apply continuously, regardless of time or place, and shall in no way be altered because a representative of Shannon & Wilson is present at the Project site performing his/her duties. Notwithstanding anything to the contrary, Shannon & Wilson shall never be deemed to have assumed responsibility for the Project's site safety by either contract or conduct. No act or direction by Shannon & Wilson shall be deemed the exercise of supervision or control of any contractor's employees or the direction of any contractor's performance. Any direction provided by Shannon & Wilson shall be deemed solely to ensure the contractor's general overall compliance with Shannon & Wilson's design concept. No Responsibility for Contractor's Performance Except for its own subcontractors and employees, Shannon & Wilson shall not be responsible for safety precautions, the quality of any contractor's work, or any contractor's failure to Burnish or perform their work in accordance with their contract documents. Except Shannon & Wilson's own employees and its subcontractors, Shannon & Wilson shall not: be responsible for the acts or omissions of any contractor, subcontractor or supplier, or other persons at the Project site, or otherwise Burnishing or performing any work; or for any decision based on interpretations or clarifications of Shannon & Wilson's design concept given without the consultation and concurrence of Shannon & Wilson. Approval of Contractor's Applications for Payment If approval of a contractor's applications for payment are included in the Task Order, Shannon & Wilson shall review the amounts due the contractor and issue a recommendation about payment to Client. Shannon & Wilson's review and approval shall be limited to an evaluation of the general progress of the work and the information contained in the contractor's application for payment and a representation by Shannon & Wilson that to the best of the Shannon & Wilson's knowledge, the contractor has performed work for which payment has been requested, subject to liurther testing and inspection upon substantial completion. The issuance of a recommendation for payment shall not be construed as a representation that: Shannon & Wilson has made an exhaustive check or a detailed or continuous inspection check of the quality or quantity of the contractor's work; approved the contractors means, methods, sequences, procedures, or safety precautions; or that contractor's subcontractors, laborers, and suppliers have been paid. ARTICLE 6 — CONFIDENTIALITY AND USE OF DOCUMENTS Confidentiality Shannon & Wilson agrees to keep confidential and to not disclose to any person or entity (other than Shannon & Wilson's employees and subcontractors), without the prior consent of Client, all information Burnished to Shannon & Wilson by Client or learned by Shannon & Wilson as a result of its Services on the Project; provided however, that these provisions shall not apply to information that: is in the public domain through no fault of Shannon & Wilson; was previously known to Shannon & Wilson; or was independently acquired by Shannon & Wilson from third- parties who were tinder no obligation to Client to keep said information confidential. This paragraph shall not be construed to in any way restrict Shannon & Wilson from making any disclosures required by law. Client agrees that Shannon & Wilson may use and publish Client's name and a general description of Shannon & Wilson's Services with respect to the Project in describing Shannon & Wilson's experience and qualifications to others. Copyrights and Patents — Shannon & Wilson shall indemnify, hold harmless, and defend Client from any and all actions, damages, demands, expenses (including reasonable attorneys' fees and costs), losses, and liabilities arising out of any claims that any goods or Services Burnished by Shannon & Wilson infringe any patent, trademark, trade name, or copyright. SEA -GH -2015 Page 3 of 6 24 (1/2015) & W'q 'COI "q & "t"11r"IIIL..SOO "q, III "qC Use of Documents All documents prepared by Shannon & Wilson are instruments of service with respect to the Project, and Shannon & Wilson shall retain a copyrighted ownership and property interest therein (including the right of reuse) whether or not the Project is completed. Shannon & Wilson grants to Client a non - exclusive, irrevocable, unlimited, royalty -free license to use any documents prepared by Shannon & Wilson for Client. Client may make and retain copies of such documents for their information and use. Such documents are not intended or represented to be suitable for reuse by Client, or others, after the passage of time, on extensions of the Project, or on any other Project. Any such reuse without written verification or adaptation by Shannon & Wilson, as appropriate for the specific purpose intended, shall be at Client's sole risk, and Client shall, only to the Tallest extent permitted by law, waive any claims against Shannon & Wilson and its subcontractors, and indemnify and hold Shannon & Wilson and its subcontractors harmless from any claims, liability, or expenses (including reasonable attorneys' fees and costs) arising from such reuse, except to the extent of Shannon & Wilson's and its subcontractor's negligent or wrongftal acts, errors, omissions, or breach of contract. Any verification or adaptation of the documents for extensions of the Project or for any other project by Shannon & Wilson shall entitle Shannon & Wilson to additional Compensation to be agreed upon by Client and Shannon & Wilson. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Shannon & Wilson. Text, data, or graphics tiles in electronic media format are famished solely for the convenience of Client. Any conclusion or information obtained or derived from such electronic tiles shall be at the user's sole risk. If there is a discrepancy between the electronic tiles and the hard copies, the hard copies govern. Because data stored in electronic media can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving an electronic file agrees that it shall perform acceptance tests or procedures within 60 days after its receipt, after which, unless notice of any errors are given in writing to the delivering party, the receiving party shall be deemed to have accepted the data thus transferred. Any errors reported within the 60- day acceptance period shall be corrected by the party delivering the electronic files at their sole expense. Shannon & Wilson shall not be responsible for maintaining documents stored in electronic media format after acceptance by Client. When transferring documents in electronic media format, neither Client nor Shannon & Wilson makes any representations as to long -term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used for the document's creation. ARTICLE 7 - INSURANCE Shannon & Wilson shall purchase and maintain during the term of this Agreement, the following insurance coverage at its sole expense: Commercial General Liabilitv - $1,000,000 each occurrence /$2,000,000 annual aggregate Bodily Injury /Property Damage Combined Single Limit including Blanket Contractual Liability, Broad Form Products and Completed Operations, Explosion/Collapse/Underground (XCU) Exposures, and Washington Stop Gap coverage. Auto Liability - $1,000,000 Bodily Injury /Property Damage Combined Single Limit including Owned, Hired, and Non -Owned Liability coverage. Umbrella Liabilitv - $10,000,000 Bodily Injury /Property Damage combined Single Limit in excess of Commercial General Liability, Auto Liability, and Employers' Liability. Workers' Compensation - Statutory in monopolistic states and $500,000 per accident/$500,000 per disease /$500,000 disease policy aggregate Employers' Liability in non - monopolistic including if applicable, U.S. Longshore & Harbor workers' coverage. Professional Liability - $5,000,000 per claims /$5,000,000 annual aggregate for professional errors and omissions including Pollution Liability coverage. If requested in writing by Client, Shannon & Wilson shall name Client as an additional insured on its Commercial General Liability policy. If requested in writing by Client, Shannon & Wilson shall deliver to Client certificates of insurance evidencing such coverage. Such certificates shall be famished before commencement of Shannon & Wilson's Services. Client shall cause Shannon & Wilson and its subcontractors to be listed as additional insureds on any Commercial General Liability insurance carried by Client that is applicable to the Project. Client shall require the Project owner to require the general contractor on the Project to purchase and maintain Commercial General Liability, Automobile Liability, Workers' Compensation, and Employers Liability insurance, with limits no less than set forth above, and to cause Shannon & Wilson and its subcontractors to be listed as additional insureds on that Commercial General Liability insurance. Client shall require the Project owner include the substance of this paragraph in the prime constriction contract. All insurance policies shall contain a waiver of subrogation. ARTICLE 8 - HAZARDOUS ENVIRONMENTAL CONDITIONS Disclosure of the Existence of Hazardous Environmental Conditions Client has disclosed to Shannon & Wilson all data known to Client concerning known or suspected hazardous environmental conditions, including but not limited to, the existence of all asbestos, PCBs, petroleum, hazardous waste, or radioactive material, if any, located at or near the Project site, including its type, quantity, and location, or has represented to Shannon & Wilson that, to the best of Client's knowledge, no hazardous environmental conditions exist at or near the Project site. If any hazardous environmental condition is encountered or believed to exist, Shannon & Wilson shall notify Client and, to the extent required by applicable laws and regulations, the Project site owner, and appropriate governmental officials. Disposal of Non - Hazardous Samples and Hazardous or Toxic Substances All substances on, in, or under the Project site, or obtained from the Project site as samples or as byproducts (e.g., drill cuttings and fluids) of the sampling process are the Project site owner's property. Shannon & Wilson shall preserve such samples for forty -five (45) calendar days after Shannon & Wilson's issuance to Client of the final instrument of service that relates to the data obtained from them. Shannon & Wilson shall dispose of all non - hazardous samples and sampling process byproducts in accordance with applicable law; provided however, any samples or sampling process byproducts that are, or are believed to be, affected by regulated contaminants shall be packaged by Shannon & Wilson in accordance with applicable law, and turned over to Client or left on the Project site. Shannon & Wilson shall not transport store, treat, dispose of, or arrange for the transportation, storage, treatment, or disposal of, any substances known, believed, or suspected to be affected by regulated contaminants, nor shall Shannon & Wilson subcontract for such activities. SEA -GH -2015 Page 4 of 6 25 (1/2015) Shannon & Wilson shall, at Client's request (and for additional Compensation, if not already included the Task Order), help Client or the Project site owner identify appropriate alternatives for transportation, storage, treatment, or disposal of such substances, but Shannon & Wilson shall not make any independent determination about the selection of a transportation, storage, treatment, or disposal facility. Client or the Project site owner shall sign all manifests for the transportation, storage, treatment, or disposal of substances affected by regulated contaminants; provided however, notwithstanding any other provisions of this Agreement to the contrary if Client directs Shannon & Wilson, its employees, or agents to sign such manifests and /or to hire for Client or the Project site owner a contractor to transport store, treat, or dispose of the contaminated substances, Shannon & Wilson shall do so only as Client's disclosed agent. Contaminated Equipment and Consumables Client shall reimburse Shannon & Wilson for the cost of decontaminating field or laboratory equipment that is contaminated by regulated materials encountered at the Project site and for the cost of disposal and replacement of contaminated consumables. In some instances, the cost of decontamination may exceed the fair market value of the equipment, were it not contaminated, together with the cost of properly transporting and disposing of the equipment. In such instances, Shannon & Wilson shall notify Client and give Client the option of paying for decontamination or purchasing the equipment at its fair market value immediately prior to contamination. If Client elects to purchase equipment, Client and Shannon & Wilson shall enter into a specific agreement for that purpose. Any equipment that cannot be decontaminated shall be considered a consumable. Client's Liability for Hazardous or Toxic Materials Except to the extent caused by Shannon & Wilson's and its subcontractor's negligent or wrongfiul acts, errors, omissions, or breach of contract, and only to the maximum extent permitted by law, Client shall: indemnify and hold harmless Shannon & Wilson, its subcontractors and their partners, officers, directors, employees, and agents; from and against any and all actions (whether sounding in tort, contract (express or implied), warranty (express or implied), statutory liability, strict liability, or otherwise), claims (including, but not limited to, claims for bodily injury, death, property damage (including bodily injury, death, or property damage to Shannon & Wilson's own employees), or arising under CERCLA, MTCA, or similar federal, state, or local environmental laws), costs, damages (including without limitation, economic, non - economic, general, special, incidental, consequential), demands, expenses (including, but not limited to, reasonable attorneys' fees and costs of defense), fines, judgments, liens, liabilities, and penalties of any kind whatsoever; arising from the arrangement for and /or ownership, operation, generation, labeling, transportation, storage, disposal, treatment, release, or threatened release of any hazardous or toxic materials, as defined by CERCLA, MTCA, or similar federal, state, or local environmental laws, on and/or from the Project site. ARTICLE 9 - ALLOCATION OF RISK Indemnification of Client To the maximum extent permitted by law, Shannon & Wilson shall: indemnify and hold harmless Client, its appointed and elected officials, partners, officers, directors, employees, and agents; from and against any and all actions (whether sounding in tort, contract (express or implied), warranty (express or implied), statutory liability, strict liability, or otherwise), claims (including, but not limited to, claims for bodily injury, death, property damage, (including bodily injury, death, or property damage to Shannon & Wilson's own employees) or arising under CERCLA, MTCA, or similar federal, state, or local environmental laws), costs, damages (including without limitation, economic, non - economic, general, special, incidental, consequential), demands, expenses (including, but not limited to, reasonable attorneys' fees and costs of defense), tines, judgments, liens, liabilities, and penalties of any kind whatsoever; arising from the negligent or wrongfiul acts, errors, or omissions, or breach of contract or warranty express or implied, by Shannon & Wilson or any of its subcontractors; but only to the extent of Shannon & Wilson's and its subcontractor's relative degree of fault. In fiurtherance of these obligations, and only with respect to Client, its appointed and elected officials, partners, officers, directors, employees and agents, Shannon & Wilson waives any immunity it may have or limitation on the amount or type of damages imposed tinder any industrial insurance, Workers' Compensation, disability, employee benefit, or similar laws. Shannon & Wilson acknowledges that this waiver of immunity was mutually negotiated. Limitation on Shannon & Wilson's Liability for Damages A. Total Liability for Damages Limited to Insurance Proceeds Notwithstanding any other provisions of this Agreement, and only to the maximum extent permitted by law, the total liability for damages tinder this Agreement of Shannon & Wilson, its subcontractors, and their partners, officers, directors, employees, agents and, or any of them, to Client and /or anyone claiming by, through, or under Client, for any and all actions (whether sounding in tort, contract (express or implied), warranty (express or implied), statutory liability, strict liability, or otherwise), claims (including, but not limited to, claims for bodily injury, death, property damage, (including bodily injury, death, or property damage to Shannon & Wilson's own employees) or arising under CERCLA, MTCA, or similar federal, state, or local environmental laws), costs, damages (including without limitation, economic, non - economic, general, special, incidental, consequential), demands, expenses (including, but not limited to, reasonable attorneys' fees and costs of defense), tines, judgments, liens, liabilities, and penalties of any kind whatsoever, arising out of, resulting from, or in any way related to the Project or this Agreement, shall be limited to the insurance proceeds payable on behalf of or to Shannon & Wilson by any insurance policies applicable thereto. If you are unwilling or unable to limit our liability for damages in this manner, we shall negotiate this limitation and its associated impact on our approach, Services, Schedule, and Compensation, with you. You must notify us in writing before we commence any Services under this Agreement of your intention to negotiate this limitation and its associated impact on our approach, Services, Schedule, and Compensation. Absent your prior written notification to the contrary, we shall proceed on the basis that our total liability for damages are limited as set forth above. B. Professional Liability for Damages Limited to $50,000 or 10% of Fee With respect to professional errors or omissions only, notwithstanding any other provisions of this Agreement, and only to the maximum extent permitted by law, the total professional liability for damages, in the aggregate, tinder this Agreement of Shannon & Wilson, its subcontractors, and their partners, officers, directors, employees, agents, or any of them, to Client and /or anyone claiming by, through, or tinder Client, for any and all actions (whether sounding in tort, contract (express or implied), warranty (express or implied), statutory liability, strict liability, or otherwise), claims (including, but not limited to, claims for bodily injury, death, property damage (including bodily injury, death, or property damage to Shannon & Wilson's own employees) or arising under CERCLA, MTCA, or similar federal, state, or local environmental laws), costs, damages (including without limitation, economic, non - economic, general, special, incidental, consequential), demands, expenses (including, but not limited to, reasonable attorneys' fees and costs of defense), fines, judgments, liens, liabilities, and penalties of any kind whatsoever, arising out of, resulting from, or in any way related to the professional errors or omissions of Shannon & Wilson, its subcontractors, or their partners, officers, directors, employees, agents or, or any of them, shall be capped in the aggregate total amount of $50,000.00, or ten percent (10 %) of the total Compensation actually paid to Shannon & Wilson under this Agreement, whichever is greater. If you are unwilling or unable to limit our professional liability for damages to these sums, we shall negotiate the amount of this limitation and its associated impact on our approach, Services, Schedule, and Compensation, with you. You must notify us in writing before we commence any Services under this Agreement of your intention to negotiate the amount of this limitation and its associated impact on our approach, Services, Schedule, and Compensation. Absent your prior written notification to the contrary, we shall proceed on the basis that our total professional liability for damages under this Agreement in the aggregate is limited to $50,000.00 or ten percent (10 %) of the total Compensation actually paid to Shannon & Wilson under this Agreement, whichever is greater. SEA -GH -2015 Page 5 of 6 26 (1/2015) & W'q 'COI 'q & "t"11r"IIIL..SOO "q, IHgC ARTICLE 10 -MISCELLANEOUS Termination This Agreement may be terminated without fturther obligation or liability by either party, with or without cause (for convenience), upon 30 days prior written notice to the other. Shannon & Wilson shall be entitled to Compensation for all Services performed prior to the termination of this Agreement. This Agreement may be terminated by the non - breaching party upon any breach of this Agreement that remains uncured after 10 days notice to the breaching party by the non - breaching party. Upon payment of all amounts due Shannon & Wilson, Client shall be entitled to copies of Shannon & Wilson's tiles and records pertaining to Services performed prior to the termination of this Agreement. Successors, Assigns, and Beneficiaries This Agreement shall be binding upon each party's assigns, successors, executors, administrators, and legal representatives. Neither Client nor Shannon & Wilson may assign or transfer any rights under or interest in this Agreement without the written consent of the other. No assignment shall release or discharge the assignor from any duty or responsibility under this Agreement. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Client or Shannon & Wilson to any third party. All duties and responsibilities undertaken under this Agreement shall be for the sole and exclusive benefit of Client and Shannon & Wilson. There are no intended third -party beneficiaries. Notwithstanding the foregoing, should a court find a third party to be a beneficiary of this Agreement, it is the intent of the parties that the judicially created third -party beneficiary be bound by and subject to all of the terns and conditions of this Agreement. Jurisdiction, Venue, and Choice of Law Any applicable Statute of Limitation shall be deemed to commence running on the date which the claimant knew, or should have known, of the facts giving rise to their claims, but in no event later than the date of substantial completion of Shannon & Wilson's Services tinder the Task Order. To the maximum extent permitted by law, as a condition precedent to commencing a judicial proceeding, a party shall give written notice of their claims, including all amounts claimed, and the factual basis for their claims, to the other party within one (1) year of when the claimant knew, or should have known, of the facts giving rise to their claims, but in no event later than one (1) year from the date of substantial completion of Shannon & Wilson's Services under the Task Order. As a condition precedent to commencing a judicial proceeding, a party shall first submit their claims to non - binding mediation through and in accordance with the rules of the American Arbitration Association. This Agreement shall be construed in accordance with and governed by the laws (except choice and conflict of law provisions) of the state in which the Project is located. Any judicial action shall be brought in the state in which the Project is located. Attorneys' Fees Should any dispute or claims arise out of this Agreement, whether sounding in tort, contract (express or implied), warranty (express or implied), statutory liability, strict liability, or otherwise, the prevailing party shall be entitled to an award of their reasonable attorneys' fees and costs, including upon appeal and in the enforcement of any judgment. Should neither party prevail on all of their claims or receive all of the relief they sought, then the substantially prevailing party shall be awarded their reasonable attorneys' fees and costs, including upon appeal and in the enforcement of any judgment. Waiver A waiver of any of the terms and conditions or breaches of this Agreement shall not operate as a subsequent waiver. Headings The headings used in this Agreement are for general ease of reference only. They have no meaning and are not part of this Agreement. Integration This Agreement, together with the Task Order, are incorporated by reference into each other, and supercede all prior written and oral discussions, representations, negotiations, and agreements on the subject matter of the Task Order and represent the parties' complete, entire, and final understanding of the subject matter of the Task Order. Survival Notwithstanding completion or termination of this Agreement for any reason, all representations, warranties, limitations of liability, and indemnification obligations contained in this Agreement shall survive such completion or termination and remain in Rill force and effect until lulfilled. Severability If any of the terns or conditions of this Agreement are found to be void or unenforceable for any reason, the remainder of this Agreement shall continue in ftull force and effect, and the court shall attempt to judicially reform the void or unenforceable provisions to the maximum extent possible, consistent with the original intent expressed in the provisions, to render it valid and enforceable. If the court is unable to reform the provisions to render it valid and enforceable, the court shall strike only that portion which is invalid or unenforceable, and this Agreement shall then be construed without reference to the void or unenforceable provisions. SEA -GH -2015 Page 6 of 6 27 (1/2015) SHANNON & WILSON, INC. Attachment to and part of Proposal 21 -2- 62281 -001 Geotechnical and Environmental Consultants Date: June 9, 2015 To: Mr. Ronnie Bennett Parametrix IMPORTANT INFORMATION ABOUT YOUR GEOTECHNICAL /ENVIRONMENTAL PROPOSAL More construction problems are caused by site subsurface conditions than any other factor. The following suggestions and observations are offered to help you manage your risks. HAVE REALISTIC EXPECTATIONS. If you have never before dealt with geotechnical or environmental issues, you should recognize that site exploration identifies actual subsurface conditions at those points where samples are taken, at the time they are taken. The data derived are extrapolated by the consultant, who then applies judgment to render an opinion about overall subsurface conditions; their reaction to construction activity; appropriate design of foundations, slopes, impoundments, recovery wells; and other construction and /or remediation elements. Even under optimal circumstances, actual conditions may differ from those inferred to exist, because no consultant, no matter how qualified, and no subsurface program, no matter how comprehensive, can reveal what is hidden by earth, rock, and time. DEVELOP THE SUBSURFACE EXPLORATION PLAN WITH CARE. The nature of subsurface explorations —the types, quantities, and locations of procedures used —in large measure determines the effectiveness of the geotechnicaUenvironmental report and the design based upon it. The more comprehensive a subsurface exploration and testing program, the more information it provides to the consultant, helping to reduce the risk of unanticipated conditions and the attendant risk of costly delays and disputes. Even the cost of subsurface construction may be lowered. Developing a proper subsurface exploration plan is a basic element of geotechnicaUenvironmental design, which should be accomplished jointly by the consultant and the client (or designated professional representatives). This helps the parties involved recognize mutual concerns and makes the client aware of the technical options available. Clients who develop a subsurface exploration plan without the involvement and concurrence of a consultant may be required to assume responsibility and liability for the plan's adequacy. READ GENERAL CONDITIONS CAREFULLY. Most consultants include standard general contract conditions in their proposals. One of the general conditions most commonly employed is to limit the consulting firm's liability. Known as a "risk allocation" or "limitation of liability," this approach helps prevent problems at the beginning and establishes a fair and reasonable framework for handling them, should they arise. Various other elements of general conditions delineate your consultant's responsibilities. These are used to help eliminate confusion and misunderstandings, thereby helping all parties recognize who is responsible for different tasks. In all cases, read your consultant's general conditions carefully and ask any questions you may have. HAVE YOUR CONSULTANT WORK WITH OTHER DESIGN PROFESSIONALS. Costly problems can occur when other design professionals develop their plans based on misinterpretations of a consultant's report. To help avoid misinterpretations, retain your consultant to work with other project design professionals who are affected by the geotechnical /environmental report. This allows a consultant to explain report implications to design professionals affected by them, and to review their plans and specifications so that issues can be dealt with adequately. Although some other design professionals may be familiar with geotechnicaUenvironmental concerns, none knows as much about them as a competent consultant. Page 1 of 2 1/2015 28 OBTAIN CONSTRUCTION MONITORING SERVICES. Most experienced clients also retain their consultant to serve during the construction phase of their projects. Involvement during the construction phase is particularly important because this permits the consultant to be on hand quickly to evaluate unanticipated conditions, to conduct additional tests if required, and when necessary, to recommend alternative solutions to problems. The consultant can also monitor the geotechnical/environmental work performed by contractors. It is essential to recognize that the construction recommendations included in a report are preliminary, because they must be based on the assumption that conditions revealed through selective exploratory sampling are indicative of actual conditions throughout a site. Because actual subsurface conditions can be discerned only during earthwork and /or drilling, design consultants need to observe those conditions in order to provide their recommendations. Only the consultant who prepares the report is fully familiar with the background information needed to determine whether or not the report's recommendations are valid. The consultant submitting the report cannot assume responsibility or liability for the adequacy of preliminary recommendations if another party is retained to observe construction. REALIZE THAT ENVIRONMENTAL ISSUES MAY NOT HAVE BEEN ADDRESSED. If you have requested only a geotechnical engineering proposal, it will not include services needed to evaluate the likelihood of contamination by hazardous materials or other pollutants. Given the liabilities involved, it is prudent practice to always have a site reviewed from an environmental viewpoint. A consultant cannot be responsible for failing to detect contaminants when the services needed to perform that function are not being provided. ONE OF THE OBLIGATIONS OF YOUR CONSULTANT IS TO PROTECT THE SAFETY, PROPERTY, AND WELFARE OF THE PUBLIC. A geotechnical/environmental investigation will sometimes disclose the existence of conditions that may endanger the safety, health, property, or welfare of the public. Your consultant may be obligated under rules of professional conduct, or statutory or common law, to notify you and others of these conditions. RELY ON YOUR CONSULTANT FOR ADDITIONAL ASSISTANCE. Your consulting firm is familiar with several techniques and approaches that can be used to help reduce risk exposure for all parties to a construction project, from design through construction. Ask your consultant, not only about geotechnical and environmental issues, but others as well, to learn about approaches that may be of genuine benefit. The preceding paragraphs are based on information provided by the ASFE /Association of Engineering Firms Practicing in the Geosciences, Silver Spring, Maryland Page 2 of 2 1/2015 29 Materials Testing & Consulting, Inc. Geotechnical Engineering & Consulting • Special Inspection • Materials Testing • Environmental Consulting June 5, 2015 Ronnie Bennett Parametrix Construction Services Manager 206.394.3715 1 desk 425.877.7013 1 cell rbennett@parametrix.com RE: Duwamish Gardens Dear Mr. Bennett Materials Testing & Consulting, Inc. (MTC) thanks you for the opportunity, and respectfully submits the following proposal to provide materials testing and special inspection services during construction of the above - referenced project. All services will be provided on a time and materials basis. Although dependent on the actual construction schedule and sequencing, MTC will only bill for actual workperformed, regardless of the amounts estimated. Our project manager will review weekly budget status reports, and invoices will be sent on a monthly basis. No work will be performed beyond the scope and cost estimate without your prior authorization. Each of MTC's laboratories are regularly audited by the American Association for Laboratory Accreditation (A2LA) as well as the Washington Association of Building Officials (WABO). We are specifically recognized to meet the requirements of ASTM C1077, D3666, D3740, E329, and AASHTO R -18 standards for agencies engaged in construction materials testing. Our proposed inspection team includes WABO certified senior special inspectors with decades of collective experience and together have worked on thousands of projects throughout the Northwest totaling over $4 Billion in construction costs. In order to provide cost reductions and more efficiency to your project, and to reduce our global footprint, MTC provides the advantage of electronic reporting, distribution, and storage of all the inspection reports produced for your project(s) through our secure, online system called the Digital Paper Route (DPR). The DPR is an online report distribution and project management tool which not only enables full -time, web -based access to all of our testing and inspection reports, but also provides daily updates of the project budget allowing our clients to review both overall contract amounts and "drill down" within a project to further evaluate specific inspection or lab tasks. The DPR service is provided free of charge to all our clients and their appointed project team. Additional information and further illustration of this service is included in this proposal. In closing, our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our local staff and vast experience on projects of similar size and scope make MTC the clear team member of choice for this project. We look forward to working with you. Respectfully Submitted, Deane Ramsdell Senior Project Manager Attachment(s): Bid Form, Bid Assumptions, Corporate • 777 Chrysler Drive • Burlington, WA 98233 • Phone 360.755.1990 • Fax 360.755.1980 SW Region 2118 Black Lake Blvd. S.W.• Olympia, WA 98512 • Phone 360.534.9777 • Fax 360.534.9779 NW Region 805 Dupont St, Suite 5 • Bellingham, WA 98226 • Phone 360.647.6061 • Fax 360.647.8111 Kitsap Region 5451 N.W. Newberry Hill Road, Suite 101 • Silverdale, WA 98383 • Phone /Fax 360.698.6787 Visit our website: www.mtc - inc.net 30 Materials Testing & Consulting, Inc. Geotechnical Engineering & Consulting • Materials Testing • Special Inspection • Environmental Consulting Project Name - Duwamish Gardens Habitat Project Project Location - 11269 East Marginal Way South, Tukwila WA 98168 Bid Form Estimate for Services Prepared: 6 -3 -2015 - Utility Trench Compaction - Roadway / Sidewalk Subgrade & Rock Course - Wall / Foundation Subgrade & Backfrll Compaction - Sample Retrieval - Asphalt Paving - Plant Sampling Visits Unit Quantity Total Rate 3 Hour 12 $ 50.00 $ 6 Hour 24 $ 50.00 $ 4 Hour 16 $ 50.00 $ Uncompacted Void Content Hour 4 $ 50.00 $ 2 Hour 8 $ 50.00 $ 2 Hour 4 $ 50.00 $ Subtotal - Earthwork & Asphalt Services: $ 1 171* 1/1111/1 1 Total 600.00 1,200.00 800.00 200.00 400.00 200.00 Item Unit Quantity Rate Total Moisture Density Relationship /Proctor with Sieve Each 4 $ 225.00 $ 900.00 Sieve Analysis with #200 Wash/Combined Gradation Each 4 $ 95.00 $ 380.00 Sand Equivalent Each 3 $ 80.00 $ 240.00 Fracture Percentage Each 3 $ 50.00 $ 150.00 Uncompacted Void Content Each 2 $ 90.00 $ 180.00 Asphalt Extraction with Gradation Each 2 $ 225.00 $ 450.00 Rice Density Each 2 $ 75.00 $ 150.00 Subtotal - Laboratory for Earthwork & Asphalt: $ 2,450.00 Item Visits Unit Quantity Rate Total RC - Site Concrete 4 Hour 24 $ 50.00 $ 1,200.00 Subtotal - Special & Construction Inspection: $ 1,200.00 Item Unit Quantity Rate Total Concrete Compression Test Cylinders - 4" x 8" - Sets of 5 Each 20 $ 20.00 $ 400.00 Subtotal - Special & Construction Inspection: $ 400.00 I D gym° a 1 Item Visits Unit Quantity Rate Total Project Manager Hour 9 $ 75.00 $ 675.00 Subtotal - Project Management & Consultin! Services: $ 675.00 1911 Estimate Assumptions 1) The Bid Form Estimate for Services (when applicable), incorporated herein by reference, is provided for Clients use to determine and /or approximate the cost for MTC's services; the document SHALL NOT guarantee a maximum, or not -to exceed (NTE) cost for MTC's services. 2) The quantities detailed on the Bid Form Estimate for Services are estimated and compiled from documents provided by Client, which may include project plans, specifications, construction schedules, and other information made available by Client to MTC at the time of proposal preparation. Scheduling, performance, production, and changes are under the sole direction and control of Client or their designee; therefore aM additions or alterations will be considered in excess of the Budget Estimate Proposal. The total price does not include re- inspections or additional inspection required due to negative or deficient conditions requiring correction, standby time, show -up time, same -day request for inspection time, overtime or double -time charges. 3) Estimate Basis & Assumptions This proposal was generated from drawings retrieved from the BXWA dated 3 -16 -2015 General Terms & Conditions I) Materials Testing & Consulting, Inc. (MTC) will provide professional services to Client, as defined by the scope of work, with that degree of care and skill ordinarily exercised under similar circumstances by members of MTC's profession. This representation is in lieu of any warranties or other representations, either expressed or implied. If conditions differ from what was reported by MTC during inspection, the Client shall immediately contact MTC to make MTC aware of the changes, and authorize further and appropriate evaluation. It is also understood and agreed to that statements made in MTC reports are independent opinions, based on professional judgment, and should not be construed to be conclusive representations of fact. 2) Client agrees to indemnify, defend, and hold MTC, its officers, employees, agents, and independent contractors harmless from any and all claims, suits, losses, costs, and expenses, including but not limited to, court costs and reasonable attorneys fees arising or alleging to have risen out of the performance of MTC's work. In the event that Client or a third -party shall bring any suit, cause of action, claim or counterclaim, that shall involve work performed by MTC, the Client shall pay to MTC the costs and expenses incurred by MTC to answer and /or appear in any such suit, cause of action, claim or counterclaim, including reasonable attorneys fees, and the hourly rate of manpower required for response. MTC's limit of liability shall in no event exceed the contract amount. 3) Invoices are due and payable upon receipt. Any invoice not paid within thirty (30) days of the date rendered may be assessed a finance charge of one and one -half (1' /2 %) percent per month, for each month beyond thirty (30) days past due. Invoices not paid within sixty (60) days of the date rendered may result in MTC stopping work until such invoices are paid in full. Invoices not paid within ninety (90) days of the date rendered may be referred to an independent company for collection. Client will be responsible for all expenses incurred by MTC for the collection of any unpaid invoice(s), including collection fees, actual attorneys' fees, and costs for legal counsel. Furthermore, Client acknowledges that MTC may elect to withhold a Final Letter of Compliance for the project, and/or place a lien on any real property until all outstanding invoices and /or fees have been paid in full. 4) Unless otherwise stated in writing, Client assumes sole responsibility for determining the quantity and nature of required work, and that it is adequate for it's intended purpose. Client shall communicate these general conditions to each third -party to whom Client conveys any part of MTC's work. MTC shall have no obligation greater than that set forth in MTC's proposal to any of Client's third parties. Client shall cause all tests and inspection of the site, materials, and work performed by MTC or others, to be timely and properly performed, in accordance with project plans, specifications, contract documents, and Design Professionals' recommendations. 5) MTC's work shall not include determining, supervising, or implementing the means, methods, techniques, sequences, or procedures of construction. MTC shall not be responsible for evaluating, reporting, or affecting job conditions concerning health, safety, or welfare. MTC's work, or failure to perform same, shall not in any way excuse the contractor(s), subcontractor(s), and/or supplier(s) from performance of their work in accordance with the contract documents. 6) MTC will not provide any manner of recommended solution or `fix' for any site conditions or installed work that differ from project documents. In such instances, MTC's field report outlining the deviation from project documents will be provided to the Contractor and / or Client for clarification from the appropriate design professional. Corporate • 777 Chrysler Drive • Burlington, WA 98233 • Phone 360.755.1990 • Fax 360.755.1980 SW Region 2118 Black Lake Blvd. S.W.• Olympia, WA 98512 • Phone 360.534.9777 • Fax 360.534.9779 NW Region 805 Dupont St, Suite 5 • Bellingham, WA 98225 • Phone 360.647.6061 • Fax 360.647.8111 Kitsap Region 5451 N.W. Newberry Hill Road, Suite 101 • Silverdale, WA 98383 • Phone /Fax 360.698.6787 Visit our website: www.mtc - inc.net 32 7) MTC does not employ any type of craftspeople, tradesmen, mechanics or laborers, and has proposed a scope limited to Quality Control / Quality Assurance testing and inspection. MTC excludes all services pertaining to direct construction, reconstruction, maintenance or repair. As such, MTC assumes itself exempt from prevailing wage requirements and filings described in RCW 39.12. 8) MTC carries in- excess of the standard insurance required by law in the State of Washington. If additional insurance is required by Client, the Client agrees to pay a minimum fee of $250.00, and any additional fees plus 20 %, incurred by MTC to fulfill Clients request for such insurance. Minimums & Travel Charges 1) Field inspection services are subject to a four (4) hour minimum charge per call, with services in excess of four (4) hours subject to half hour increments. Professional services are subject to a two (2) hour minimum for "in - house" work, and a four (4) minimum for field work. A premium rate of one and one -half (1 ' /2) times the regular rate will be charged for all work in excess of eight (8) hours per day, for night work (work prior to 6:OOAM, and after 6:OOPM), and for Saturday work. Sundays and legal holidays will be charged at two (2) times the regular rate. 2) Sample pickup services are subject to a one (1) hour minimum charge, (or actual duration for projects in excess of 50 miles from an MTC location). Services scheduled same -day will be charged at the rate listed on MTC's fee schedule. 3) A show -up or cancellation without four (4) hours notice is subject to a four (4) hour minimum charge plus applicable mileage and travel. Remote jobs shall incur additional charges for subsistence, and will be billed to the Client at cost plus 15 %; the minimum per diem rate for subsistence is $100.00. Travel charges for site visits will be charged as quoted on the Bid Form Estimate for Services. 4) If onsite parking is not available, MTC will bill costs for parking as a reimbursable expense subject at cost plus 15 %. Geotechnical, Civil & Earthwork Inspection & Testing 1) Unless specifically noted otherwise, proposed quantities for earthwork are limited to compaction testing and associated laboratory acceptance testing only, and do not constitute a proposal to provide geotechnical engineering or consulting services, nor are these services intended to relieve the Geotechnical Engineer of Record from Construction Observation and Design Administration services. 2) As stated elsewhere in this document, MTC does not propose to provide any manner of recommendation or guidance for issues and problems arising in earthwork construction. All non - conforming work and differing site conditions will be referred to the Geotechnical Engineer of Record for resolution. Upon Client request, MTC will assume the role of Geotechnical Engineer of Record based on the following procedure: a) A Professional Engineer will conduct a review of the project Geotechnical Report, and will issue a letter that either concurs or deviates from the conclusions drawn in the original report. b) Additional field exploration and testing may be required in order to resolve underlying questions if MTC does not agree with the conclusions and recommendations of the original soils report. c) All time and materials related to the review of the original soils report and subsequent investigation and testing will be billed at the unit rates quoted in Exhibit A — Fee Schedule. 3) Pile installation observation does not include Pile Driving Analysis services. MTC assumes all PDA and associated testing will be provided by the Geotechnical Engineer of Record. MTC proposes to observe pile driving work and document whether pile driving criteria generated by the Engineer has been met. 4) Settlement monitoring services includes installation of monitoring points and production of monthly report only. MTC assumes the Contractor's Surveyor will transmit related data to MTC in a timely fashion for analysis and report preparation. 5) When the scope of MTC's services includes excavation of test pits or borings, MTC will contact One -Call Locating to locate public utilities in adjacent public rights -of -way. The client assumes all responsibility for physical and /or monetary damages resulting from the proposed exploration activities encountering underground utilities or structures. We assume that the client will provide private utility locate services if public utility locating is not sufficient to meet the needs of the project. Corporate • 777 Chrysler Drive • Burlington, WA 98233 • Phone 360.755.1990 • Fax 360.755.1980 SW Region 2118 Black Lake Blvd. S.W.• Olympia, WA 98512 • Phone 360.534.9777 • Fax 360.534.9779 NW Region 805 Dupont St, Suite 5 • Bellingham, WA 98225 • Phone 360.647.6061 • Fax 360.647.8111 Kitsap Region 5451 N.W. Newberry Hill Road, Suite 101 • Silverdale, WA 98383 • Phone /Fax 360.698.6787 Visit our website: www.mtc - inc.net 33 6) Unless otherwise noted, MTC assumes footing and slab subgrade suitability will be determined by determining density of structural fill or re- compacted native materials, and / or proof -roll witnessed by MTC personnel. 7) Laboratory testing for soil, aggregate and asphalt are quoted using WSDOT acceptance requirements and testing frequencies, unless otherwise noted or specified; refer to WSDOT Construction Manual. 8) Most soil, aggregate and asphalt tests are complete within 48 hours of delivery to MTC's laboratory. Additional charges will apply for rush results. 9) Unless other arrangements are made, all samples will be disposed of (30) days after MTC's receipt of material. Reinforced & Site Concrete 1) MTC assumes that all precast concrete shall be fabricated by a PCI- approved fabricator, or `State- Stamped' as appropriate, and precast concrete sampling will not be required. 1) Project management charges reflect the background work required to initiate and manage the testing and inspection program required for the project. Such tasks included in project management include the labor required to manage report distribution, as well as for ongoing report and budget review, project meetings and generation of the final inspection report upon closeout. Typically, one (1) hour per sixteen (16) field hours are required, though few projects require less than four (4) hours of Project Management due to set -up and close -out requirements. 2) Agreement Materials Testing & Consulting thanks you for this opportunity. Every effort has been made to ensure that this proposal is consistent with the requirements set forth by the design documents, proposal request and applicable building code. Additionally, where construction schedules are unavailable or incomplete, we have attempted to employ a logical conceptualization for the construction sequence for estimating site visits, inspection durations and required sample quantities. Actual quantities will vary based upon actual construction sequence. The undersigned accepts this bid proposal and the exclusions and assumptions therein, and agrees to retain Material Testing & Consulting, Inc. for the scope of services outlined in this proposal. For: Materials Testing & Consulting, Inc. Authorized Rep., Printed Name & Title For: Client Authorized Rep., Printed Name & Title Name of Company Signature & Date Corporate • 777 Chrysler Drive • Burlington, WA 98233 • Phone 360.755.1990 • Fax 360.755.1980 SW Region 2118 Black Lake Blvd. S.W.• Olympia, WA 98512 • Phone 360.534.9777 • Fax 360.534.9779 NW Region 805 Dupont St, Suite 5 • Bellingham, WA 98225 • Phone 360.647.6061 • Fax 360.647.8111 Kitsap Region 5451 N.W. Newberry Hill Road, Suite 101 • Silverdale, WA 98383 • Phone /Fax 360.698.6787 Visit our website: www.mtc - inc.net 34 June 15, 2015 Ronnie Bennett Parametrix RE: Duwamish Gardens Construction — Archaeological Support (REVISED 06/15/15) Dear Ronnie: ESA is pleased to provide the enclosed proposed scope of work and cost estimate to provide Archaeological Support during construction of the City of Tukwila's Duwamish Garden project. I have developed these materials based on information that you and I have discussed. Please contact me (206.789.9658, clockwood@esassoc.com) if you have any questions or need additional information. Thank you. Sincerely, Chris Lockwood Principal Investigator Northwest Cultural Resources Group Kl..1 Project Description: The City of Tukwila is constructing a habitat restoration project along the Duwamish River. The project location includes an archaeological site which was delineated during permitting. The project is subject to compliance with Section 106 of the National Historic Preservation Act; the US Army Corps of Engineers (USACE) is the lead federal agency for Section 106. In order to secure a permit from USACE and to comply with Section 106, a Memorandum of Agreement (MOA) and Mitigation and Monitoring Plan (MMP) were developed in consultation with the Section 106 Consulting Parties. The City has retained Parametrix to provide construction management services. Parametrix has requested ESA to develop a scope of work to implement the Mitigation and Monitoring Plan. Scope of Work: The Scope of Work to be conducted by ESA includes eight tasks: Task 1. Client Coordination and Communication. Under this task, ESA will participate in meetings and communications with consulting parties per the terms of the MOA and MMP. Under this task, ESA will also oversee project schedule and budget. • Subtask la. Review Final Construction Plans. ESA will review the final construction plans and summarize the results of the review in an email to the USACE Archaeologist. • Subtask lb. Construction Meeting and Orientation. ESA will conduct a preconstruction meeting with Tribes, Contractor, and City personnel. The purpose of the meeting is to review the MMP and discuss the collaboration of archaeologists and contractor personnel. • Subtask lc. Tribal Preconstruction Site Visit. If requested by the Tribes, ESA will attend the Tribal preconstruction site visit. • Subtask 1d. Tailgate Orientation. ESA will conduct up to three tailgate orientations for construction workers; the first will be prior to the beginning of work. Additional orientations will be conducted as new construction personnel join the project. Orientations will be conducted within the course of normally scheduled site visits /on -site monitoring. • Subtask le. Weekly Progress Summaries. ESA will email weekly progress summaries to consulting parties. • Subtask 1f. Attend Weekly Construction Meetings. ESA will attend weekly construction meetings through the end of major excavation within the Archaeologically Sensitive Area. Task 2. Archaeological Mitigation and Archaeological Monitoring. ESA will provide up to 350 hours of archaeological mitigation and monitoring. Activities will include on -site and check -in archaeological monitoring, inadvertent discovery response, mapping, documentation of features and artifacts, downloading of photos /notes /sketches, travel, procurement of any necessary field Kiy supplies, observation of movement and replacement of the Archaeologically Sensitive Area (ASA) fence (per terms of the MMP). Task 3. Survey of Enhancement Area. ESA will survey the new enhancement area and conduct up to 5 shovel /auger probes. Task 4. Sample Intake. If cultural features are identified, ESA will intake, catalog, and stabilize all field samples. Field samples will be temporarily stored at ESA. Task 5. Interim Report. At the conclusion of construction monitoring, ESA will summarize results and make recommendations regarding appropriate analytical techniques for addressing project research questions. These recommendations may include an analysis of artifacts recovered and /or features identified during monitoring (including use of third -party services), and preparation of a final mitigation and monitoring report. Task 6. Analyses. Artifact and /or feature analysis will be conducted based on agreement from consulting parties. Analyses may require use of third -party services. Task 7. Final Mitigation and Monitoring Report. Results of analyses will be used to supplement the interim report to produce a Final Mitigation and Monitoring Report. Task 8. Oral Histories. ESA will collect oral histories from up to three (3) members of the Carrossino family, and two (2) members of the Ray family, and will transcribe the digitally - recorded interviews. Deliverables: Email memo summarizing review of construction plans Weekly summaries via email Draft and Final Interim Report submitted as pdf. Draft and Final Mitigation and Monitoring Report. Digital and transcribed Oral Histories Assumptions: • Project will be active for 5 months. • Major ground disturbance will be complete within 13 weeks. • Up to 10 archaeological features will be documented and subject to archaeological treatment according to the terms of the mitigation and monitoring plan. • Only one round of revisions will be required for the interim report. • Preparation of samples for permanent curation, if required by consulting parties, is not within this scope. Cost Proposal: ESA has estimated the cost for the Duwamish Gardens Archaeological Support during Construction based on the hours and rate schedule included in Table 1. ESA estimates that the sum of $97,175 will be required to complete Tasks 1 through 8 as described above. Extra services will be 19YA initiated by ESA only after agreement by both ESA and the Client concerning revisions to the scope of work and additional compensation, if necessary. 38 Budget Proposal Version: 4 REVISED Project No.: Project Title: Duwamish Gardens Construction - Archaeological Client: Parametrix Budget Total: $97,175 5309 Shilshole Avenue NW Suite 200 Seattle, WA 98107 206.789.9658 phone 206.789.9684 fax Project Manager: Chris Lockwood Contract No.: Location: Tukwila, WA Rate: Project Director Project Manager Sr. Assoc I Assoc III Assoc II Assoc I GIS Sr. Admin Admin. P. Johnson 180.00 Hours C. Lockwood 140.00 Hours K. Wilson/ Valentino/ Hoyt 120.00 Hours Ostrander/ Marcotte 105.00 Hours Hayman / Elliott 90.00 Hours Schneider 80.00 Hours Edens / Kemp 87.00 Hours Wade/ C. Pham 102.00 Hours Nishihama / Benson 80.00 Hours Totals Hours Cost Task 1 Client Coordination /Meetings 30.00 16.00 6.00 52.00 $6,732 Task 2 Mitigation and Monitoring 50.00 300.00 350.00 $43,000 Task 3 Survey of Enhancement Area 10.00 10.00 $1,200 Task 4 Sample Intake 20.00 20.00 40.00 $4,000 Task 5 Interim Report 4.00 20.00 60.00 40.00 4.00 128.00 $14,520 Task 6 Analyses 40.00 40.00 $5,600 Task 7 Final Mitigation /Monitoring Report 4.00 40.00 44.00 $6,320 Task 8 Oral Histories 50.00 50.00 $6,000 Subtotal Hours Task Reimbursable Expenses: 99999 8.00 180.00 456.00 0.00 0.00 20.00 40.00 6.00 Units 4.00 Rate 714.00 Cost $87,372 Task 6 third -party analyses (estimated) $0.00 $5,000 Mileage 2,700 $0.575 $1,553 Total station (monthly rental) 2.00 $1,500.00 $3,000 Field consumables 0.00 $0.00 $250 Subtotal Reimbursables $9,803 PROJECT TOTAL $97,175 June 9, 2015 Mr. Ronnie Bennett, P.E. Parametrix Inc. 7192 d Avenue, Suite 200 Seattle, WA 98104 Re: Landscape Architectural Construction Administration Support services Duwamish Gardens Construction Phase Dear Mr. Bennett, .. _. bet &8 . tB4. ,� ie,s X'A,d Landscape Architects & Planners 100 S. Ding Street, Suite 200, Seattle, WA 98104 t.206.583 -0620 f. 206.583.0623 www.jabrennan.com Thank you for the opportunity to present the following proposal to assist Parametrix (Client) with landscape architectural subconsultant services for the City of Tukwila's Duwamish Garden Project Implementation Phase. J.A. Brennan Associates, PLLC will support Parametrix and the City of Tukwila with landscape finishes for site improvements at the project site, to ensure the intent of the site design and associated features are being met. Please refer to Exhibit B for specific product deliverables and associated fee. Scope of Work Task 1 - Project Management/ Contract Administration Work will include administrative support, design team correspondence and coordination, setting up project contract and files, scheduling, management, and invoicing. Products: • None Task 2 - Construction Administration Support This task includes participating in a pre - construction meeting. During construction, we will attend weekly construction progress meetings, review submittals, review a limited number of change orders and respond to requests for information "RFI's ". We will visit the site, to observe the work, issue field reports after each visit, and prepare a punch list or statement of final acceptance. This task will also include the production of record drawings at the time of physical completion. Products: Meetings: • See exhibit B Pre -con meeting Bi- weekly progress meetings during construction period (See Exhibit B for quantity) El to] • Site observation meetings (Select CM and Client team meetings at site) (See Exhibit for quantity.) Fee The work described in the Scope of Work above, will be invoiced monthly at the billable rates on the attached Fee Proposal plus reimbursable expenses. The level of effort for each task, and anticipated reimbursable expenses are indicated on the Fee Proposal. The fee for the Base Scope of Work will be time and materials and will not exceed $14,781.00 plus $110.00 in reimbursable expenses without prior authorization. Total Fee $14,891.00 Schedule Work will begin upon receipt of an executed contract. Construction is assumed to begin June 2015 and may extend until summer of 2016. This scope assumes site visits based on critical milestones and anticipated site review of landscape related finishes. We will work with the client to confirm what is most appropriate for the timing of the site observations. Scope Assumptions: City of Tukwila will be responsible for distribution of all documents. The fee is based on the number of site visits identified in the Scope of Work. Additional site visits will require additional fee. J.A. Brennan does not provide contaminated soils remediation services. 4. J.A. Brennan Associates will not be responsible for working with adjacent landowners. 5. J.A. Brennan will prepares field notes from individual field observations. Team progress meeting notes will be prepared by others. 6. Record drawings are included in the scope of work. 7. Archeological services by others. Cyl Duwamish Gardens Construction Management Owner/ Client:City of Tukwila Public Works Prime Consultant: Parametrix Landscape Architect: J.A. Brennan Associates, PLLC June 9, 2015 Exhibit B WORK ITEM Rate DESCRIPTION JB PM $150.00 TW PLA $120.00 DC Designer $95.00 EG Designer $70.00 CN Admin $77.00 Total JAB Hours Total JAB Labor Total JAB Expenses JAB Total Task 1 Project Management! Administration 1 Administration / Coordination/ 1 Correspondence and meeting coordination 3 7 2 12 1,255.00 0.00 1,255.00 2 Scheduling & management 1 3 1 5 512.00 0.00 512.00 3 Contract administration 1 2 2 5 494.00 0.00 494.00 Total 5 0 12 2 3 22 2,261.00 0.00 2,261.00 Task 2 Construction Administration 2 Construction Support 1 Pre -Con Meeting 3 3 285.00 0.00 285.00 2 Submittal review (up to 9) 1 6 11 18 1,490.00 0.00 1,490.00 3 RFI review and respond (up to 6) 1 4 8 13 1,090.00 0.00 1,090.00 4 Assist with Modification Proposal or Change Order (up to 4) 1 4 3 8 740.00 0.00 740.00 5 Attend Up to 8 site observation visits - include field notes 3 21 8 32 3,005.00 40.00 3,045.00 6 Attend Up to 6 progress meetings - meeting notes by others review meeting notes 3 16 6 25 2,390.00 30.00 2,420.00 7 Punch List and close out 3 4 2 9 970.00 20.00 990.00 8 Prepare Record Drawings 2 6 24 32 2,550.00 20.00 2,570.00 Total 14 0 64 62 0 140 12,520.00 110.00 12,630.00 GRAND TOTAL 19 0 76 64 3 162 14,781.00 110.00 14,891.00 Client: City of Tukwila Project: Duwamish Gardens CM Project No: 14 -0455 John C. Hungerford Deena M. Hueneka Ronan M. Bennett Cost Rates: $48.97 $31.10 $32.00 $55.00 $52.00 Burdened Rates: $159.15 $101.08 $104.00 $178.75 $169.00 Phase Task Description Labor Dollars Labor Hours Multiplier 01 Construction Management Assistanc $149,694.75 987 3.35 181 331 20 405 50 01 01 Project Management $35,884.92 221 3.36 125 11 20 65 01 02 Project Start Up $8,779.60 60 3.25 20 20 20 01 03 Construction Eng & Documentation $82,623.96 560 3.36 260 300 01 04 Construction Observation $8,604.64 50 3.31' 50 01 05 Permit Agency & Utility Coord $13,801.65 96 3.36, 36 40 20 Labor Totals: Escalation Amt: $149,694.75 $4,507.37 987 181 331 20 405 50 $871.63 $1,069.35 $70.76 $2,341.01 $154.64 $29,677.78 $34,526.83 $2,150.76 $74,734.76 $8,604.64 SUBCONSULTANTS Subconsultant Name Shannon & Wilson, Inc. Materials Testing & Consulting Inc ESA, Inc JA Brennan Amount $30,771.40 $8,937.50 $106,892.50 $16,380.10 Subconsultant Total: $162,981.50 DIRECT EXPENSES: Description Amount Color 11 x 17 $1,000.00 Color 8.5 x 11 $100.00 Mileage $1,150.00 Expense Total: $2,250.00 Project Total: $314,926.27 EXHIBIT t3 44 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Laurel Humphrey, Council Analyst DATE: June 19, 2015 SUBJECT: Interlocal Agreement for Green River, Duwamish River, and Central Puget Sound Watersheds of Water Resource Inventory Area 9 (WRIA 9) ISSUE The current WRIA 9 Interlocal Agreement expires on December 31, 2015. BACKGROUND Since 2001, jurisdictions with a major interest in the Green River, Duwamish River, and Central Puget Sound Watersheds within Water Resource Inventory Area 9 (WRIA 9) have participated in an ILA that provides a structure for collectively protecting and restoring the ecological health of these rivers and watersheds. Councilmember Robertson represents Tukwila on the WRIA 9 Watershed Ecosystem Forum in the capacity of 2015 Chair. He also serves on that body's Management Committee. DISCUSSION On April 20, 2015, WRIA 9 Watershed Coordinator Doug Osterman provided the City Council with an update on salmon recovery progress and an overview of WRIA 9 as context for forthcoming review of the updated ILA for 2016 -2025. The proposed ILA was unanimously approved by the WRIA 9 Watershed Ecosystem Forum (WEF) at its May 14, 2015 meeting. The agreement provides a mechanism for the joint funding, development, review, and approval of the WRIA 9 Salmon Habitat Plan, Making our Watershed Fit for a King. This plan lists projects, programs and policies for meeting the requirements of the Federal Endangered Species Act and for recovery of the threatened Green River Chinook salmon population. Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and King County are the parties to this ILA. Continued partnership among these entities is crucial to continue the important work of salmon habitat planning. FINANCIAL IMPACT A copy of the proposed budget for 2016 is attached, reflecting that Tukwila's share is calculated at $12,448. RECOMMENDATION The Committee is asked to consider this agreement and forward it to the July 13, 2015 Committee of the Whole. Attachment: Memo from Doug Osterman, WRIA 9 Coordinator, dated May 28, 2015 Draft ILA Z: \Laurel \WRIA9memo.docx Elm MEMORANDUM May 28, 2015 TO: WRIA 9 Watershed Ecosystem Forum FR: Doug Osterman, WRIA 9 Watershed Coordinator RE: Transmittal of the WRIA 9 Interlocal Agreement (ILA) for City and County Approvals — Watershed- focused salmon habitat planning and implementation in the Green /Duwamish and Central Puget Sound Watershed (WRIA 9) At its meeting on May 14, the WRIA 9 Watershed Ecosystem Forum (WEF) unanimously approved a final WRIA 9 ILA for 2016 – 2025 for consideration of each WRIA 9 city and county. The current WRIA 9 ILA expires on December 31, 2015. 1 have visited the City and County Councils over the past several months to announce that the current WRIA 9 ILA expires soon, and that cities and the county would be asked to approve an ILA for WRIA 9 for an additional 10 years. Beginning in 2001, 17 local governments in WRIA 9 entered into the current WRIA 9 ILA regarding Chinook salmon habitat planning and establishing a forum of local governments as the responsible entity responsible for executing the ILA. This agreement has provided a mechanism and governance structure for the joint funding, development, review, and approval of the WRIA 9 Salmon Habitat Plan, Making Our Watershed Fit for a King (Salmon Habitat Plan). The Salmon Habitat Plan is the blueprint for meeting the requirements of the federal Endangered Species Act and recovering the Threatened Green River Chinook salmon population. As documented in the WRIA 9 Implementation Progress Report (March 2015), the success of the regional planning and implementation construct established by the WRIA 9 ILA is evident in the $137 million in capital funding obtained to implement the Salmon Habitat Plan. From the beaches of Vashon and Maury Islands to the headwaters of the Green River high in the Cascade Mountains, the 10 -year achievements of WRIA 9 are exemplary —made possible by the consistent, focused, and undaunted leadership of the cities and the county in which the water of WRIA 9 flows. A lot of hard work lies ahead. The need for the partnership among the cities and the county continues. The Salmon Habitat Plan has many more high priority capital projects and programs that need to implemented to recover the threatened salmon and trout species to population goals, from setting back levees and sound floodplain management to increasing the habitat for fish in the Duwamish estuary and the shores of Puget Sound. As WRIA 9 has demonstrated through its leadership, investments in ecosystem health to benefit fish also yields significant benefits for people, including in the dollar value of associated ecological services such as clean water, flood protection, and recreational opportunities. To continue the partnership, a new ILA for 2016 – 2025 is offered for your consideration. The WEF recommends and urges each city and King County approve it by July 31, 2015 to enable smooth transition from the current ILA by the end of this year. The attached WEF- recommended ILA has been reviewed and informed by several ILA Parties over the course of its development, including by the WRIA 9 Management Committee and WEF, and the King County Prosecuting Attorney provided legal review. C1:9 The ILA includes an individual signature page for each jurisdiction and the 2016 WRIA 9 cost share table (Exhibit A). Once your city has approved the ILA, please print out and sign your signature page, and return it to me at the address below. Please contact me with questions. I'm looking forward to continuing serving the WRIA 9 cities and the county in Making Our Watershed Fit for a King. Doug Osterman, AICP Watershed Coordinator Green /Duwamish & Central Puget Sound Watershed (WRIA 9) 201 South Jackson Street, Suite 600 Seattle, WA 98104 -3855 Doug.Osterman@kingcountV.gov Now! 206 - 477 -4793 I' Wlll iiiiiir g 0tvir ahl iiw Ilht)d foiir a Ill iiiiiir g EfA INTERLOCAL AGREEMENT For the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area 9 (which includes portions of Water Resource Inventory Areas 8, 10, and 15) PREAMBLE THIS AGREEMENT ( "Agreement ") is entered into pursuant to Chapter 39.34 RCW by and among the eligible county and city governments signing this Agreement that are located in King County or Pierce County, lying wholly or partially within or having a major interest in the Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and management area of Watershed Resource Inventory Area 9, which includes portions of WRIA 8, 10, and 15, ( "WRIA 9 ") all political subdivisions of the State of Washington (individually, for those signing this agreement, "Party ", and collectively "Parties "); WHEREAS, the planning and management area of WRIA 9 includes all of the area recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15; WHEREAS, the Parties share interests in and responsibility for addressing long -term watershed planning and conservation of the aquatic ecosystems and floodplains of the Green River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for planning, funding and implementation WHEREAS, the Parties have 2005 to develop "Making Our ( "Salmon Habitat Plan "), co Plan, and desire to continue, and if various activities and projects therein; and participated in an Interlocal Agreement for the years 2001 - ed Fit for a King" as approved in 2005 and since amended to the federally- approved Puget Sound Salmon Recovery efficient participation in the implementation of such plans; WHEREAS, the Parties took formal action in 2005 and 2006 to ratify the Salmon Habitat Plan, and WHEREAS, the Parties have participated in an extension of the 2001 -2005 Interlocal Agreement and an Interlocal Agreement for the years 2007 -2015 in implementing the Salmon Habitat Plan; and WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed ecosystem services are worth billions of dollars of value to local people in terms of stormwater management, pollution treatment, recreational value, and other expensive and difficult to replace services; and WHEREAS, the Parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision - making bodies regarding actions in response to listings under the Endangered Species Act ( "ESA "); and WHEREAS, the Parties have prioritized and contributed resources and funds for implementing projects and programs to protect and restore habitat; and ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 1 48 WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon Habitat Plan through adaptive management; and WHEREAS, the Parties wish to continue to use adaptive management for identifying, coordinating and implementing basin plans and water quality, flood hazard reduction, water quantity, and habitat projects in the watersheds; and WHEREAS, the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and Central Puget Sound Watersheds to the overall health of Puget Sound; and WHEREAS, the Parties have a strong interest in participating on the Washington Salmon Coalition and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to implement the Salmon Habitat Plan; and WHEREAS, the Parties have a strong interest to implement the Puget Sound Partnership Action Agenda to restore the Puget Sound to health and sustain that health by 2020; and WHEREAS, the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council and other entities associated with Puget Sound salmon recovery and Puget Sound South Central Action Area Caucus Group to collectively seek funding to implement the Salmon Habitat Plan; and WHEREAS, the Parties have a strong interest to achieve multiple benefits by integrating salmon recovery planning and actions; and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently; and WHEREAS, individual Parties are taking separate and independent actions to improve the health of the Green River, Duwamish River, and the Central Puget Sound Watersheds and the overall health of Puget Sound; NOW, THEREFORE, the Parties hereto do mutually covenant and agree as follows: MUTUAL CONVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local governments eligible for participation in this Agreement as parties are King County, and the Cities of Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any newly incorporated city that lies fully or partially within the boundaries of WRIA 9. 1.2 WRIA 9 ILA PARTIES: The Parties to the WRIA 9 Interlocal Agreement are the Parties who sign this Agreement and are the Parties responsible for implementing this ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 2 49 Agreement. The Parties to this ILA shall each designate a representative and alternate representative to the WRIA 9 Watershed Ecosystem Forum. 1.3 WRIA 9 WATERSHED ECOSYSTEM FORUM: The WRIA 9 Watershed Ecosystem Forum referred to herein is the cooperative body comprised of the designated representatives of the WRIA 9 ILA Parties and a balance of Stakeholder representatives and any other persons who are deemed by the Parties to this Agreement to be appropriate members for the implementation of the Salmon Habitat Plan. The WRIA 9 Watershed Ecosystem Forum shall be an advisory body responsible for making recommendations for implementing the Salmon Habitat Plan including substantive plan amendments recommended as a result of adaptive management or other changed conditions. 1.4 GREEN /DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green /Duwamish and Central Puget Sound Watershed Habitat Plan (2005 Salmon Habitat developed by the WRIA 9 Watershed parties to an interlocal agreement for its Habitat Plan recommends actions that habitat, using an ecosystem ap r Resource Inventory Area 9 Salmon or Salmon Habitat Plan) is the plan (stem Forum and ratified by all of the pment and implementation. The Salmon taken to protect and restore salmon �Duwamish and Central Puget Sound Watersheds. The Salmon Habitat Plan may be amended from time to time according to the procedure in Section 6 herein and approved amendments shall be considered integral parts of the Salmon Habitat Plan. Efforts under the Salmon Habitat Plan are intended to complement habitat improvements in other parts of Puget Sound and hatchery and harvest actions to recover Puget Sound Chinook salmon, steelhead, and bull trout, and when implemented achieve multiple ecosystem benefits. The Salmon Habitat Plan constitutes a chapter of the Puget Sound Salmon Recovery Plan. 1.5 MANAGEMENT COMMITTEE: The Management Committee as referred to herein consists of seven (7) elected officials or their designees. The seven officials of the Management Committee are chosen by the WRIA 9 ILA Parties, according to the voting procedures in Section 5 herein, charged with certain oversight and administrative duties on the WRIA 91LA Parties' behalf. 1.6 SERVICE PROVIDER: The Service Provider, as used herein, means that agency, government, consultant, or other entity which supplies staffing or other resources to and for the WRIA 9 ILA Parties, in exchange for payment. The Service Provider may be a Party to this Agreement. 1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs all accounting services for the WRIA 91LA Parties as it may require, in accordance with the requirements of Chapter 39.34 RCW. ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 3 50 1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA 9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan, and may include but is not limited to environmental and business interests. 2. PURPOSES. The purposes of this Agreement include the following: 2.1 To provide a mechanism to protect and restore the ecological health of the Green /Duwamish Rivers and Central Puget Sound Watersheds. 2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing and coordinating local efforts to address issues with watershed -wide or basin implications, including but not limited to flood hazard reduction, floodplain management, surface and groundwater quality, water quantity, and habitat. 2.3 To provide information for WRIA 9 ILA Parties to inform land use planning, regulations, environmental programs, education, and enforcement of applicable codes. 2.4 To provide a mechanism and governance and funding structures for jointly implementing the Salmon Habitat Plan. 2.5 To develop and take actions on key issues during the implementation of the Salmon Habitat Plan. 2.6 To provide a mechanism for cooperative review and implementation of recommended policies and regulations needed for response to listings under the Endangered Species Act. 2.7 To provide a venue for the ongoing participation of citizens and other stakeholders in salmon recovery and other watershed efforts and to ensure continued public outreach efforts to educate and garner support for current and future watershed and Endangered Species Act listed species response efforts by local governments and in accordance with the Salmon Habitat Plan. 2.8 To provide a mechanism for securing technical assistance and any available funding from federal, state, and other sources to implement the Salmon Habitat Plan. 2.9 To provide a mechanism for implementing other multiple benefit habitat, surface and groundwater quality, water quantity, floodplain management, and flood hazard reduction projects with other local, regional, tribal, state, federal and non - profit funds as may be contributed to or secured by the WRIA 9 ILA Parties and Watershed Ecosystem Forum. 2.10 To annually recommend WRIA 9 administrative support, projects, and programs for funding by the King County Flood Control District through the District's Cooperative Watershed Management grant program. 2.11 To annually recommend projects for implementation of planning, engineering, permitting and construction tasks for the Green /Duwamish Ecosystem Restoration Project in partnership with the U.S. Army Corps of Engineers. ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 4 51 2.12 To provide a framework for cooperating and coordinating among the Parties on issues relating to WRIA 9 to meet the requirement of a commitment by any Party to participate in WRIA 9 planning and implementation, to prepare or implement a basin plan, or to respond to any state or federal law which may require these actions as a condition of any funding, permitting or other program of state or federal agencies. Participation is at the discretion of such Party to this Agreement. 2.13 To provide a mechanism to approve and support, through resources and funding from grant sources or other means, implementation of restoration and protection projects and programs. 2.14 To provide a mechanism for on -going monitoring and adaptive management of the Salmon Habitat Plan as defined in the Plan and agreed to by the WRIA 9 ILA Parties and Watershed Ecosystem Forum. It is not the purpose or intent of this Agreement to authority or role of any jurisdiction, governmental enti the Regional Water Quality Committee. 3. EFFECTIVE DATE AND TERM. This Agreement shall least five (5) of the eligible local governments withi percent (70 %) of the affected population within the gec the legislative body of each local government, and furtl Agreement has been filed by .200. Once effective, this Ac provided, however, that tl may agree to in writing m of the eligible local gove the affected population int, preempt or supersede the quality policy bodies including upon its execution by at r "WRIA 9 representing at least seventy graphic area of WRIA 9, as authorized by er provided that after such signatures this -e with the terms of RCW 39.34.040 and shall remain in effect for an initial term of ten (10) years; t may „be extended for such additional terms as the Parties ch extension being effective upon its execution by at least five (5) its within WRIA 9 representing at least seventy percent (70 %) of the geographic area of WRIA 9, as authorized by the legislative body of each local government, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Such extension shall bind only those Parties executing the extension. 4. ORGANIZATION AND MEMBERSHIP. The Parties to this Agreement serve as the formal governance structure for carrying out the purposes of this Agreement. 4.1 Each Party to this Agreement except Tacoma shall appoint one (1) elected official to serve as its primary representative, and one (1) alternate representative to serve on the WRIA 9 Watershed Ecosystem Forum. The alternate representative may be a different elected official or senior staff person. Tacoma's representative shall be the Tacoma Water Superintendent or designee, which designee shall be a senior staff position. 4.2 Upon the effective execution of this Agreement and the appointment of representatives to the WRIA 9 Watershed Ecosystem Forum, the appointed representatives of the WRIA 9 ILA Parties shall meet and choose from among its members, according to the ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 5 52 provisions of Section 5 herein, seven (7) officials or their designees, to serve as a Management Committee to oversee and direct the scope of work, funds, and personnel agreed to and contributed under this Agreement, in accordance with the adopted annual budget and work program and such other directions as may be provided by the WRIA 9 ILA Parties. Representatives of the Fiscal Agent and Service Provider may serve as non - voting ex officio members of the Management Committee. The Management Committee shall act as the executive subcommittee of the WRIA 9 ILA Parties, responsible for oversight and evaluation of any Service Providers or consultants, administration of the budget and work plan, and for providing recommendations on administrative matters to the WRIA 9 ILA Parties for action, consistent with other subsections of this section. The appointed representatives of the WRIA 9 ILA Parties shall consider new appointments or reappointments to the Management Committee every two years following its initial appointments. 4.3 The services cost - shared under this agreement shall be provided to the WRIA 9 ILA Parties and the Watershed Ecosystem Forum by the Service Provider, which shall be King County Department of Natural Resources and Parks, unless selected otherwise by the WRIA 91LA Parties. The Management Committee shall prepare a Memorandum of Understanding to be signed by a. representative of the Service Provider, and the Chair of the WRIA 9 Management Committee., and this Memorandum of Understanding shall set out the expectations for services so provided. Services should include, without limitation, identification of and job descriptions for dedicated staff, description of any supervisory role retained by the Service Provider over any staff performing services under this Agreement, and a method of regular consultation between the Service the Management Committee concerning the performance of services hereunder.. 4.3.1 A subset of the Parties to this Agreement may purchase and cost share services from the Service Provider in addition to the annual cost - shared services agreed to by all Parties pursuant to Section 4.3 herein. 4.3.2 The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and the Chair of the WRIA 9 Management Committee, which shall set out the expectations for the additional services to be provided to the subset of the Parties to this Agreement. 4.4 The WRIA 9 ILA Parties by September 1 of each year shall establish and approve an annual budget that provides for the level of funding and total resource obligations of the Parties for the following calendar year. Such obligations are to be allocated on a proportional basis based on the average of the population, assessed valuation and area attributable to each Party to this Agreement, in accordance with the formula set forth in Exhibit A, which formula and accompanying data shall be updated every third year by the ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 6 53 WRIA 9 Management Committee. Individual Party cost shares may change more frequently than every three years for Parties involved in an annexation that changes the area, population, and assessed value calculation of such Party to the extent that the cost shares established by the formula set forth in Exhibit A would be changed by such annexation. Tacoma's cost share will be determined on an annual basis by the Management Committee, and will be included in the annual updates to Exhibit A. The weight accorded Tacoma's vote for weighted voting pursuant to Section 5 herein shall correspond to Tacoma's cost share for each year relative to the cost shares contributed by the other Parties. 4.4.1 The level of funding, total resource obligations, and allocation of obligations for those members of the Parties that agree to cost share additional services pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those Parties purchasing the additional services. 4.5 The WRIA 9 ILA Parties shall incorporate the negotiated additional cost share and incorporate the services in the annual budget ° and work plan. The WRIA 9 ILA Parties shall oversee and administer the expenditure of budgeted funds and shall allocate the utilization of resources contributed by each Party or obtained from other sources in accordance with the approved annual work program. 4.6 The WRIA 9 ILA Parties shall review and evaluate the duties to be assigned to the Management Committee hereunder and the performance of the Fiscal Agent and Service Provider to this Agreement, and shall provide for whatever actions are necessary to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of the purposes of this Agreement. The performance of the Service Provider shall be assessed every year. 4.7 The Parties to the WRIA 9 Interlocal Agreement may contract with similar watershed forum governing bodies such as the Puget Sound Partnership or any other entities for any lawful purpose related to the purposes provided for in this Agreement. The Parties may choose to create a separate legal or administrative entity under applicable state law, including without limitation a nonprofit corporation or general partnership, to accept private gifts, grants or financial contributions, or for any other lawful purpose consistent with the purposes provided for herein. 4.8 The WRIA 9 ILA Parties shall adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The WRIA 9 ILA Parties shall make decisions, approve scopes of work, budgets, priorities, and any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 Decisions shall be made using a consensus model as much as possible. Each Party agrees to use its best efforts and exercise good faith in consensus decision - making. Consensus may be reached by unanimous agreement of the Parties. If unanimous ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 7 54 A agreement of members cannot be reached then the Parties to this agreement may reach consensus by a majority recommendation with a minority report. Any Party who does not accept a majority decision may request weighted voting as set forth below. 5.2 In the event consensus cannot be achieved, as determined by rules and procedures adopted by the Parties to the WRIA 9 Interlocal Agreement , the WRIA 9 ILA Parties shall take action on a dual- majority basis, as follows: 5.2.1 Each Party, through its appointed representative, may cast its weighted vote in connection with a proposed WRIA 9 action. 5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the other Parties shall be determined by the percentage of the annual contribution made by each Party as set in accordance with Section 4.4 herein in the year in which the vote is taken. 5.2.3 For any action subject to weighted voting to be deemed approved, valid and binding, an affirmative vote must be cast by both a majority of the Parties to this Agreement and by a majority of the weighted votes of the Parties to this Agreement. IENTATION and ADAPTIVE MANAGEMENT OF THE SALMON HABITAT PLAN. The Salmon Habitat Plan shall be implemented consistent with the following: 6.1 The WRIA 9 Watershed Parties regarding prog Plan. Recommendati consistent with the purl additional advisory bo technical committee an but such the WRIA 9 ystem Forum shall provide information to the WRIA 91LA achieving the goals and objectives of the Salmon Habitat the WRIA 9 Watershed Ecosystem Forum are to be f this Agreement. The WRIA 9 ILA Parties may authorize to the WRIA 9 Watershed Ecosystem Forum such as a management work group. The Watershed Ecosystem i approve operating and voting procedures for its deliberations, not affect the voting provisions contained in this Agreement for 6.2 The WRIA 9 ILA Parties shall act to approve or remand any substantive changes to the Salmon Habitat Plan based upon recommendations by the WRIA 9 Watershed Ecosystem Forum within ninety (90) days of receipt of the proposed changes, according to the voting procedures of Section 5 herein. In the event that the Salmon Habitat Plan changes are not so approved, the recommended changes shall be returned to the WRIA 9 Watershed Ecosystem Forum for further consideration and amendment and thereafter returned to the WRIA 91LA Parties for decision. 6.3 The WRIA 9 ILA Parties shall determine when ratification is needed of substantive changes to the Salmon Habitat Plan. The changes shall be referred to the Parties for ratification prior to the submission to any regional, state, or federal agency for further action. Ratification means an affirmative action, evidenced by a resolution, motion, or ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 8 55 ordinance of the local government's legislative body, by at least five Parties representing at least seventy percent (70 %) of the total population within the geographic planning and management area of WRIA 9. 6.4 Upon remand for consideration of any portion or all of the changes to the Salmon Habitat Plan by any regional, state or federal agency, the WRIA 9 ILA Parties shall undertake a review for consideration of the remanded changes to the plan. The WRIA 9 ILA Parties may include further referral to the WRIA 9 Watershed Ecosystem Forum for recommendation or amendments thereto. 6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded separately by any Party to any regional, state or federal agency unless the changes have been approved and ratified as provided herein. 7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES. 7.1 Each Party shall be responsible for meeting only its individual obligations hereunder as established in the annual budget adopted by the WRIA 9 ILA Parties under this Agreement, including all such obligations related to the WRIA 9 ILA Parties and WRIA 9 Watershed Ecosystem Forum funding, technical support and participation in related planning and implementation of projects, and activities as set forth herein. It is anticipated that separate actions by the legislative bodies of the Parties will be necessary from time to time in order to carry out these obligations. 7.2 The maximum funding responsibilities imposed upon the parties during each year of this Agreement shall not exceed the amounts that are established annually pursuant to Section 4.4 herein. 7.3 No later than September 1 of each year of this Agreement, the WRIA 91LA Parties shall adopt a budget, including its overhead and administrative costs, for the following calendar year. The budget shall propose the level of funding and other (e.g., staffing) responsibilities of the individual parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specific prioritized planning and implementation activities within WRIA 9. The Parties shall thereafter take whatever separate legislative or other actions as may be necessary to address such individual responsibilities under the proposed budget, and shall have done so no later than December 1 of each year. Parties may elect to secure grant funding to meet their individual obligations. 7.4 Funds collected from the Parties or other sources on behalf of the WRIA 9 ILA Parties shall be maintained in a special fund by King County as Fiscal Agent and as ex officio treasurer on behalf of the WRIA 9 ILA Parties pursuant to rules and procedures established and agreed to by the WRIA 9 ILA Parties. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 9 56 0 10 7.5 Any Party to this Agreement may inspect and review all records maintained in connection with such fund at any reasonable time. LATECOMERS. A county or city government in King County lying wholly or partially within the management area of or with a major interest in WRIA 9 which has not become a Party to this Agreement within twelve (12) months of the effective date of this Agreement may become a Party by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5 herein otherwise governing decisions of the WRIA 9 ILA Parties shall not apply to this section. The Parties of the Agreement and any governments seeking to become a Party shall jointly determine the terms and conditions under which a government may become a new Party. The terms and conditions shall include payment of an amount by the new Party to the WRIA 9 Fiscal Agent. The amount of payment is determined jointly by the existing WRIA 91LA Parties and the new Party. The payment of the new Party is to be a fair and ;proportionate share of all costs associated with activities undertaken by the WRIA 9 ILA Parties as of the date the government becomes a new Party. Any government that becomes a Party, pursuant to this section shall thereby assume the general rights and responsibilities of all other Parties. TERMINATION. 9.1 Termination can only occur on an annual basis, beginning on January 1 of each calendar year, and then only if the terminating Party, through action of its governing body, provides at least sixty (60) days' prior written notice of its intent to terminate. The terminating Party shall remain fully responsible for meeting all of its funding and other obligations through the end of the calendar year in which such notice is given, together with any other costs that may have been incurred on behalf of such terminating Party up to the effective date of such termination. It is possible that the makeup of the Parties to this Agreement may change from time to time. Regardless of any such changes, the Parties choosing not to exercise the right of termination shall each remain obligated to only meet their respective share of the obligations of the WRIA 9 ILA Parties as reflected in the annual budget. The shares of any terminating Party shall not be the obligation of any of the Parties not choosing to exercise the right of termination. 9.2 This Agreement may be terminated in its entirety at any time by the written agreement of all of the Parties. In the event this Agreement is terminated all unexpended funds shall be refunded to the Parties pro rata based on each Party's cost share percentage of the total budgeted funds and any real or personal property acquired to carry out the purposes of this Agreement shall be returned to the contributing Party if such Party can be identified, and if the Party cannot be identified, the property shall be disposed of and the proceeds distributed pro rata as described above for unexpended funds. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city and county governments, and federal law as governing to tribes, and for the limited purposes set forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 10 57 Parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Party's own negligent acts or omissions related to such Party's participation and obligations under this Agreement. Each Party to this Agreement agrees that its obligations under this subsection extend to any claim, demand and /or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. In the event that either Party incurs any judgment, award, and /or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. The provisions of this Section shall survive and continue to be applicable to Parties exercising the right of termination pursuant to Section 9 herein. 11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other act, statute, regulation or ordinance of any local municipality or government, the State of Washington, or the United States. 12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that no Party is committing to adopt or implement any actions or recommendations that may be contained in the Salmon Habitat Plan. 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Parties from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, provided that any such decision or agreement shall not impose any funding, participation or other obligation of any kind on any Party which is not a party to such decision or agreement. 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the National Oceanic and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the WRIA 9 ILA Parties or any of the Parties, or their officers, elected officials, agents and employees, to any third party. 15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous consent of the Parties to this Agreement, and requires authorization and approval by each Party's governing body. 16. COUNTERPARTS. This Agreement may be executed in counterparts. ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 11 58 17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must approve this Agreement before any representative of such Party may sign this Agreement. 18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. 19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and supersedes all prior negotiations, representations, and agreements, oral or otherwise, regarding the specific terms of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below: Approved as to form: By: Title: Date: CITY C)F Al ('C)NA- ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 12 59 Approved as to form: CITY OF AUBURN: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 13 60 Approved as to form: CITY OF BLACK DIAMOND: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 14 61 Approved as to form: CITY OF BURIEN: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 15 62 Approved as to form: CITY OF COVINGTON: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 16 63 Approved as to form: CITY OF DES MOINES: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 17 64 Approved as to form: CITY OF ENUMCLAW: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 18 65 Approved as to form: CITY OF FEDERAL WAY: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 19 66 Approved as to form: CITY OF KENT: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 20 67 Approved as to form: KING COUNTY: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 21 68 Approved as to form: CITY OF MAPLE VALLEY: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 22 69 Approved as to form: CITY OF NORMANDY PARK: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 23 70 Approved as to form: CITY OF RENTON: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 24 71 Approved as to form: CITY OF SEATAC: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 25 72 Approved as to form: CITY OF SEATTLE: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 26 73 Approved as to form: CITY OF TACOMA: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 27 74 Approved as to form: CITY OF TUKWILA: By: Title: Date: By: Title: Date: ILA_WRIA9_2016- 2025_05- 14- 2015.docx Page 28 75 Exhibit A WRIA Based Cost Share: WRIA 9 Regional Watershed Funding For 2016 Total: $424,320 Note: Beginning with the 2017 cost shares, jurisdictional area, population, and assessed value are to be recalculated every three years or if there is a significant annexation per the WRIA 9 interlocal agreement for 2016 -2025. Watershed Ecosystem Forum Approved May 14, 2015 WRIA 9 Jurisdiction Population (Pop) % Adjusted Pop Assessed Value (AV) % Adjusted AV Area % Adjusted Acres Cost -Share Amount (Average of Pop, AV, Area)* WRIA 9 Jurisdiction 1 Algona* 0.23% 1,543 0.19% $197,378,600 0.16% 363.06 0.19% $784 1 Algona 2 Auburn* 6.06% 40,956 5.06% $5,318,451,800 5.67% 12,550.28 5.59% $22,686 2 Auburn 3 Black Diamond 0.61% 4,120 0.57% $595,345,385 1.95% 4,308.20 1.04% $4,219 3 Black Diamond 4 Burien 6.51% 44,006 5.10% $5,356,038,587 2.86% 6,340.17 4.82% $19,554 4 Burien 5 Covington 2.54% 17,190 1.86% $1,954,508,239 1.70% 3,773.03 2.04% $8,252 5 Covington 6 Des Moines 4.30% 29,090 2.66% $2,792,105,100 1.78% 3,951.55 2.91% $11,817 6 Des Moines 7 Enumclaw* 0.65% 4,366 0.55% $573,979,500 062% 1,380.31 0.61% $2,453 7 Enumclaw 8 Federal Way* 9.01% 60,918 5.06% $5,316,134,126 3.63% 8,048.27 5.90% $23,925 8 Federal Way 9 Kent* 16.35% 110,605 12.06% $12,671,122,513 9.84% 21,781.73 12.75% $51,698 9 Kent 10 King County* 15.04% 101,701 10.66% $11,206,469,402 53.44% 118,333.97 26.38% $106,972 10 King County 11 Maple Valley* 1.67% 11,299 1.77% $1,863,263,500 1.37% 3,034.15 1.60% $6,507 11 Maple Valley 12 Normandy Park 0.95% 6,435 1.23% $1,289,320,500 0.72% 1,593.21 0.97% $3,917 12 Normandy Park 13 Renton* 4.47% 30,221 4.09% $4,299,847,610 2.75% 6,096.59 3.77% $15,291 13 Renton 14 SeaTac 3.78% 25,530 2.78% $2,918,228,100 1.85% 4,092.51 2.80% $11,354 14 SeaTac 15 Seattle* 25.18% 170,297 42.49% $44,654,964,773 9.00% 19,919.60 , 25.55% $103,624 15 Seattle 16 Tukwila 2.66% 18,000 3.90% $4,096,959,014 2.65% 5,867.21 3.07% $12,448 16 Tukwila 100.0% 676,277 100.0% $105,104,116,749 100.0% 221,433.83 100.0% $405,500 SUBTOTAL +Tacoma $18,820 $424,320 TOTAL NOTES: Cost shares reflect 2009 annexations of North Highline to Burien and Kent NE to Kent. No annexations or incorporations have occurred since these two major annexations. DATA SOURCES: • 2007 Puget Sound Regional Council population estimates by census tract. • 2009 King County Assessor's data. Assessed value of parcels owned by Port of Seattle Aviation Division is excluded from the analysis. • Adjusted Acres excludes the Upper Green River subwatershed from King County's area and excludes Port of Seattle Aviation Division properties (airport and residential buyouts) from Burien, Des Moines, and SeaTac shares. * Cost share amount is an averaging of the population, assessed value, and area percentage of each jurisdiction within WRIA 9 (% population + % assessed value + % area divided by 3 = Cost Share) °' WRIA9 -ILA- cost- shares2016.xlsx