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HomeMy WebLinkAboutTIC 2017-04-11 Item 2B - Agreement - Riverton Creek Flapgate Removal Design with OTAK IncCity of Tukwila Allan Ekberg, Mayor TO: Transportation & Infrastructure Committe FROM: Bob Giberson, Public Works Director BY: Mike Perfetti, Habitat Project Manager CC: Mayor Ekberg DATE: April 07, 2017 SUBJECT: Riverton Creek Flapgate Removal Project No. 99830103 Consultant Selection and Agreement ISSUE Approve OTAK, Inc. to design the Riverton Creek Flapgate Removal Project. 17_Ta:(�1T�1�P►17 The Riverton Creek Flapgate Removal Project began in 1999 with the goal of restoring salmon access to Riverton Creek through the removal of culverts and flapgates at the mouth, which are a partial barrier to salmon migration. Early work included project feasibility and preliminary design plans, which could be used to apply for project grant funding. Now, with committed City funding and two grant applications pending approval, City staff would like to resume project design and permitting. DISCUSSION The current MRSC Consultant Roster was reviewed and four firms were short- listed to submit proposals. The firms were: DEA; Herrera; OTAK; and Parametrix. The proposals were reviewed and scored against stated criteria by a panel of three staff members. OTAK received the highest score and was selected as the firm that best met the project's requirements. OTAK was also recently contracted by the City to assist with the City's NPDES Phase II — Low Impact Development (LID) code update. FINANCIAL IMPACT After negotiations, OTAK will provide design and permitting services for the Riverton Creek Flapgate Removal Project for a fee of $105,363.00 and the 2017 CIP has $108,000.00 budgeted. There is also a 2016 Puget Sound Acquisition and Restoration (PSAR) grant awaiting a state appropriation of up to $551,070.00, which is anticipated to become available following the current legislative session. Council is being asked to approve the design consultant agreement with OTAK, Inc. in the amount of $105,363.00 for the Riverton Creek Flapgate Removal Project and consider this item on the Consent Agenda at the April 17, 2017 Regular Meeting. Attachments: Location Map 2017 CIP, Page 108 Consultant Agreement W: \PW Eng \PROJECTS\A- DR Projects\Riverton Flap Gate Removal (99830103 98 -DR03) \Consultant Selection\Phase 2 \scoping \Info Memo Otak PE 040717 gl SM.docx 15 VICINITY MAP NOT 10 SXALE 16 CITY OFTUKVVLA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Riverton Creek Flap Gate Removal Project No. 99830103 EXPENSES Remove u�u�opendhanne|con�uonco ' DESCRIPTION: � ' install trail bridge over new channel, 200 feet of creek channel and 450 ft. of pond shoreline. Increase available aa|monid rearing habitat and increase flood refuge in |owerDuwamiuh River. Improve JUSTIFICATION: fish access to Riverton Creek and enhance salmon rearing and resting area. Design at7U% completion in2O11 with a Salmon Recovery Funding Board grant of $42' 500 and B3O' O0O STATUS: from People for Puget Sound. Construction iu grant dependent. K8A|NT.|MPACT: Expected 10 increase maintenance. 108 mponodgrants indudeState & Federal habitat granta Pr�e��used as mitigation for East Marginal VVay COMMENT: � Pipe Replacement Project and HPAContm|#133783'1 requires work toba completed by June 11.2O18. FINANCIAL Through Estimated on$uoo'y) 2015 201 20117 201 ooie 2o2u xoni nonn RFvomn rMA/ EXPENSES Design 114 10 108 232 Const. Mgmt, 100 100 Construction 650 650 TOTAL EXPENSES 1 1141 10 108 750 01 0 0 0 0 982 FUND SOURCES Awarded Grant 72 72 Proposed Grant 550 550 Mitigation Actual 0 Mitigation Expected 0 pt 17 oo/r'u0uu Capital Improvement Program 108 CONSULTANT AGREEMENT FOR DESIGN & PERMITTING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and OTAK, 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 design and permitting services in connection with the project titled Riverton Creek Flapgate Removal 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 within 365 calendar days, 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. 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 $105,363.00 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. 18 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: 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. 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. 19 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. 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. 20 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. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: 11241 Willows Road NE Suite 200 Redmond, WA 98052 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. 21 DATED this day of 120 CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor Attest /Authenticated: City Clerk, Christy O'Flaherty By: Printed Name: Title: Approved as to Form: Office of the City Attorney 22 Exhibit A - Scope of Work Riverton Creek Flapgate Removal Project City of Tukwila April 03, 2017 Otak Project No. 32740 Introduction and Background Tukwila has adopted policies to identify and restore habitat and ecological function along the Duwamish River where restoration can succeed with existing conditions and adjacent uses. The removal of flapgates and perched culverts at the outlet of Riverton Creek is a key opportunity to remove a fish barrier and re -open a historical stream outfall and restore rearing and migrating habitat adjacent to the Duwamish. For this project, the City is requesting Otak to finalize the design of the Riverton Creek Flap Gate Removal improvements initiated by a previous consultant working for the City. This will include taking the 75- percent design to final design and preparing construction documents, updating environmental assessment reports and technical supporting documents, and providing technical support to obtain permits. This project may also include construction support services. Based on our discussions with the City, the project will be accomplished in two phases — Phase 1 - Intake Review and Charter Meeting, Phase 2 - Permitting and Final Design. If construction support or other supplemental services are requested, a supplement will be submitted to add Phase 3 services. This scope of work describes activities within the first two phases — initially with broad terms, and then with specific tasks for each phase. Phase I— Intake Review and Charter Meeting The first step we will take is performing a detailed review of the 75- percent design including all reports and supporting documentation made available by the City. This review will include a field visit to assess the existing conditions and note any discrepancies from the data and descriptions from the 75- percent design which was performed from 2009 -2011. The Intake Review will also include development of a simple Permitting Strategy Plan that identifies all regulatory requirements and design criteria for various agencies so that permitability of all project elements can be confirmed. After the Intake Review, we will facilitate a project Charter Meeting with Tukwila to assess how project challenges have been addressed as part of the completed existing design (75- percent level) and what will need to be addressed by the Otak team. After the Charter Meeting has been completed, but prior to completion of Phase 1, Otak will review the scope of work for Phase 2 and, if required and authorized by the City, make any adjustments in the scope, schedule and budget for City review and contract processing. Upon completion of Phase 23 1, a contract supplement will be prepared, if necessary, to carry the project into final design and construction document preparation. Otak will not proceed beyond Phase 1 Intake Review and Charter Meeting without authorization of the City. Phase 2 — Permitting and Final Design In Phase 2, Otak will bring the 75- percent plans completed by another consultant up to a 100 - percent complete construction documents, including plans, specifications, and construction cost estimate (PS &E). Project Criteria The City will designate the project parameters and design criteria. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments as of the date of the Notice to Proceed, of the following documents. Changes in any design standards or requirements after work has begun may result in Extra Work. City of Tukwila City of Tukwila Infrastructure Design and Construction Standards 2010 City of Tukwila Development Guideline and Design and Construction Standards City of Tukwila Comprehensive Plans, including Sewer, Water, Surface Water and Land Use King County • King County Surface Water Design Manual (KCSWDM) 2016 Washington State Aquatic Habitat Guidelines Program • Stream Habitat Restoration Guidelines 2012 • Integrated Streambank Protection Guidelines 2002 Washington State Department of Fish and Wildlife (WDFW) • Water Crossing Design Guidelines 2013 Washington State Department of Transportation (WSDOT) Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction (M41 -10) 2016 • Standard Plans for Road, Bridge, and Municipal Construction (M21 -01) United States Department of Transportation, Federal Highway Administration (FHWA) • Manual of Uniform Traffic Control Devices (MUTCD) as amended and approved by WSDOT American Association of State Highway and Transportation Officials (AASHTO) 24 • LRFD Bridge Design Specifications, Fourth Edition, 2007 and the current Interims • A Policy on Geometric Design of Highways and Streets, 5 "' Edition, 2004 • Guide for the Development of Bicycle Facilities 1999 Project Schedule The preliminary project schedule will be developed upon notice to proceed for the project and updated as changes occur. The anticipated major milestones are: Phase Milestone 1 Intake Review 1 Charter Meeting 1 Submission of Joint Aquatic Resource Permit Application DARPA) 2 Preparation of 100 - percent Plans, Specifications, and Estimate The duration of the reviews by the City, WSDOT, WDFW, Ecology, and the Corps of Engineers will be provided in the project schedule. Mutually agreeable changes to the project schedule, whether initiated by the City or Otak, may be the basis for adjustments in the project budget. Items and Services to Be Furnished by the City The City will provide the following items and services to Otak that will facilitate the engineering design and preparation of the construction documents for work within the limits of the project. Otak is entitled to rely on the accuracy and completeness of this and other data furnished and represented by the City and others, including but not limited to survey, and hydrologic and hydraulic analyses. • Available as -built drawings and information on other projects in the immediate vicinity. • Topographic survey needed for the project in AutoCAD format (2007 or compatible), including field locates of utility markings, sensitive area delineation flags, potholes and boring locations. Included in the survey work provided by the City will be any bathymetry or underwater surveying required for the project. • Boundary mapping including right -of -way determination and property lines adjacent to project vicinity. • Final stamped and signed right -of -way plan, based on proposed project needs determined by the Consultant. • Rights -of -entry upon all lands necessary for the performance of the work, including official notices to property owners and agencies. • Timely reviews of Otak submittals at the mutually agreed upon times set forth in the project schedule and the consolidation of all review comments by others onto one review set prior to return to Otak. • Payment of all application reviews and /or permit fees. 25 Compilation, reproduction, and distribution of Bid Documents to potential bidders and interested parties. • Mailing list preparation and distribution cost for public notices. • Advertisement for Bid PHASE I— INTAKE REVIEW AND CHARTER MEETING Task I — Project Management(Phases I and 2) 1.1 Project Management and Coordination Otak will manage contract issues, coordinate execution of the project, and meet periodically with the City project manager and City staff. Some of the tasks include: • Preparing a work plan. • Conducting a kickoff meeting at the beginning of the project. • Meeting with the City project manager and /or staff periodically. • Modify Phase 2 services of the project, if required and authorized by the City. A project work plan will be prepared and a kickoff meeting held at the start of the project to define project goals and design criteria, and to discuss project approach, process and schedule with the design team. A project schedule (MS Project) will be developed and maintained as part of this task. Otak's project manager will provide direction to the project team, including subconsultants, and conduct project coordination meetings with appropriate task leaders. The project manager will monitor the project planned budget versus actual progress and take corrective actions if necessary. Otak will prepare and submit monthly invoices and a brief progress report to reflect progress over the last billing period and anticipated activities over the next billing period. 1.2 Quality Assurance /Quality Control (QA/QC) The project work will receive quality checks at appropriate junctures in the progress. Specifically, the design plans, cost estimates, technical memoranda, and reports will be reviewed by at least one senior design team member with knowledge of the subject matter and by Otak's Project Manager/ Principal in Charge. Assumptions: 1. Otak's Project Manager will meet face to face with the City Project Manager and or Project Engineer on as- needed basis. For budget purposes, Otak will assume four meetings, excluding kick -off meeting; one meeting will be held at Otak's office. Meeting time for the Project Manager and Principal In Charge is budgeted under this task. Meeting time for other design team members is budgeted under the tasks each works on. 26 2. Internal project team coordination meetings will be held on a monthly basis during the project duration. These meetings will be in addition to the coordination meetings held with the City, but budgeted as part of the specific work tasks. 3. QA /QC will be required for review of plan sheets, specifications, cost estimates, and technical memoranda. Calculations for structures and hydrologic and hydraulic modeling are provided by Tukwila and are not included in this scope of services, if need calculations will be provided as an additional service. 4. Phases 1 and 2 will be completed in three (3) months. Deliverables: 1. Monthly Invoices and Progress Reports. 2. Project Work Plan. 3. Meeting summary notes. Task 2 — Intake Review 2.1 Review Existing Data Otak will gather information pertinent to the project and review the base map prepared by the City for project use. Some of the tasks include the following: • Conduct a site visit to become familiar with the site conditions and take photographs, gather field measurements, and record observations. • Coordinate with the City to collect available information pertinent to the project, including the following documents prepared in association with the 75- percent plans: • Critical Areas Assessment for Riverton Creek Flap Gate Removal Project • Riverton Creek Flap Gate Removal Hydraulic Analysis • Riverton Creek Flap Gate Removal Project- Flood Prevention Feasibility Study • Riverton Creek F lap Gate Removal Project- Preliminary Stream Enhancement Plan • Report- Geotechnical Engineering Services Proposed Pacific Highway South Bridge • Riverton Creek Flap Gate Removal Project Wall Strengthening Feasibility Study • King County Assessor's Map • 75- percent PS &E • Concept Plan Request additional information as needed for project use. 2.2 Site Reconnaissance Otak will perform site reconnaissance to confirm the characterizations and delineations shown in the existing project reports are still valid, and that these are sufficient to support the permit applications. The following features will be included in the reconnaissance: • Confirmation of previously conducted wetland delineation and characterization. • Confirmation of Stream habitat conditions. 27 • Confirmation of Existing surficial conditions. • Confirmation of Retaining wall conditions. 2.3 Intake Review Memo and Develop Design Criteria Otak will document the design criteria for stream restoration, bridge, retaining walls, storm drainage, trails and utilities in a technical memorandum for review and comment by the City prior to the Charter Meeting. The City's comments will be incorporated into the intake memorandum during Phase 2. 2.4 Develop Permitting Strategy Plan Otak will identify all regulatory requirements for various agencies so that the applications for permits from local, state, and federal agencies can be completed. Otak will identify what additional studies and drawings that need to be completed to submit permit applications. These additional studies and drawing details will be documented in a technical memorandum for review and comment by the City prior to the Charter Meeting. This task will also include pre - application meetings with the US Army Corps of Engineers (COE), the Washington Department of Fish and Wildlife (WDFW), and representatives of the Native American Tribes presumably the Muckleshoots Tribes (Tribes). Deliverables: 1. Intake Review and Design Criteria technical memorandum 2. Permitting Strategy Plan technical memorandum Assumptions: 1. The City will provide the base map and 75- percent plans in AutoCAD format (2007 or compatible), and will provide additional survey to pick up delineation flags, center -line of stream flags, etc. as necessary to complete the project. 2. The City will provide the existing information and requirements relevant to the project as available, including as -built drawings and information on utilities. 3. Project management Phase 1 and 2 is 6 -month duration. Task 3 — Coordination Meetings Otak will facilitate a project charter session with City staff to assess how the project goals and challenges have been addressed through the existing reports and the existing 75- percent plans. We will discuss our understanding of the design criteria (Task 2.3) and our proposed permitting strategy (2.4). We will present our recommendations for completing the permit applications (Task 4.1) based on these discussions, including any additional studies that may be required for these permit applications. Otak will prepare meeting minutes summarizing the discussions and decisions made during the meeting, and actions items noting the person responsible and the anticipated schedule for 28 completion. A Draft of the Meeting Minutes will be circulated, and revisions incorporated into the Final Minutes. Otak will attend one permit pre - application meeting in the field with representatives from permitting agencies and WSDOT. Deliverables: 1. Meeting Agenda. 2. Draft and Final Meeting Minutes. Assumptions: 1. The City will provide list of requested attendees and send out invitations to them. 2. The City will provide a suitable meeting room, with audio - visual equipment. PHASE 2— PERMITTING AND FINAL DESIGN The scope and fee for this task will be updated, if necessary and authorized by the City, after the Phase 1 Intake Review and Charter Meeting is completed. Task 4 — Permitting, Environmental Review and Coordination The objective of this task is to identify and assist with acquiring all the permits, environmental review and coordination required for this project. Permitting and regulatory compliance will be done in parallel with design development. Any additional studies necessary to complete the permit applications will be considered additional work and an amendment will be submitted if requested by the City. 4.1 DARPA Preparation Otak will provide project specific information for a Joint Aquatic Resources Permit Application QARPA) for the project based on the existing 75- percent design stage. The DARPA and existing Critical Areas Report will be used to apply for and support a Washington State Department of Fish and Wildlife (WDFW) Streamlined Hydraulic Project Approval (HPA) for a fish habitat enhancement project. The City will prepare the complete application and manage the submittal. 4.2 Specific Project Information Form (SPIF) 29 In order to comply with the Endangered Species Act (ESA), Otak will prepare a Specific Project Information Form (SPIF), per the Programmatic Biological Assessment (PBA) for Restoration Actions in Washington State and associated Biological Opinion (131Op). 4.3 Cultural Resources Otak will review the cultural and historic resource investigation completed for the Tukwila International Boulevard bridge project. That investigation may need to be supplemented to include the City's project. If additional cultural resource investigation is required, that work will be included in a supplement submitted to the City, if requested. 4.4 Ecology Construction Stormwater General Permit Otak will prepare a Notice of Intent (NOI) to be submitted electronically to the Washington State Department of Ecology. The Consultant will prepare a Stormwater Pollution Prevention Plan (SWPPP) for the project for the project construction site. 4.5 Wetland Delineation Otak will field verify the wetland delineation prepared as part of previous work conducted for the project's critical areas assessment, and will update site conditions by conducting a wetland delineation for the project. Otak biologists will conduct a wetland delineation using the Corps of Engineers Wetlands Delineation Manual (1987) as amended, and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual- Western Mountains Valleys and Coast Region (2010), as required by the City of Tukwila, Washington Department of Ecology, and the U.S. Army Corps of Engineers. Wetland ratings for project wetlands will be determined using both the 2004 Wasbington State Wetland Rating System for Western Washington per Tukwila Municipal Code (TMC) 18.45.050(B), as well as the updated Washington State Wetland Rating System for Western Washington (Hruby, 2014. Wetland buffer widths will determined per TMC 18.45.050(D). Otak will collect field data to allow for characterization and designation of watercourses and fish and wildlife conservation areas in the project vicinity, and will establish buffers for these critical areas per TMC 18.45.100 and 18.45.150. Otak will prepare a critical report for the project, including wetlands, watercourses, and fish and wildlife conservation areas. 4.6 Agency Meetings Otak will attend meetings with City staff and representatives from regulatory agencies and interested tribal representatives. Field meetings will be conducted to explain project goals and objectives, project design, and to facilitate the permitting and regulatory compliance process. The first field meeting, after the pre - application meeting, will be determined upon completion of the intake review and charter meeting, preferable after the 75% plans have been updated. A second meeting will be schedule with the regulatory agencies, at Otak or Tukwila's office, to review the 90% plans. W 4.7 Permit Support Otak will provide support to the City for communications with state and federal permitting and regulatory agencies, as well as any interested tribal representatives, for the duration of the project. This task includes addressing all comments and answering questions concerning environmental documentation and permit application materials. Deliverables: 1. List of all permits, environmental review and special studies required to finalize design and construct this project. 2. Field meeting summary memorandum for each one (Electronic PDF). 3. One draft and one final Critical Areas Report (Electronic Microsoft Word and PDF, and hard paper copies as needed by each permit). 4. One draft and one final of Joint Aquatic Resources Permit Application (DARPA) supporting drawings (Electronic PDF, and hard paper copies as needed by each permit). 5. One draft and one final of Specific Project Information Form (SPIF) (Electronic Microsoft Word and PDF, and hard paper copies as needed by each permit). 6. Application (NOI) for Ecology Construction Stormwater General Permit submitted on -line. SWPPP submitted to the City. 7. One draft and final application package for each permit and environmental review (Electronic PDF and hard paper copies as needed by each permit). Assumptions: 1. The City will be the main point of contact with the permitting agencies. 2. This task does not include geotechnical exploration and analysis. 3. The Critical Areas Report for this task includes wetlands, streams and other fish and wildlife habitat conservation areas, and will not include information and analysis associated with frequently flooded areas, geologically hazardous areas, and /or aquifer recharge areas. 4. The project will be designed and qualify as a Fish Enhancement Project and will receive a streamlined Hydraulic Project Approval (HPA), per Regulatory Code of Washington RCW 77.55.181 and Washington State Department of Fish and Wildlife. 5. As a Fish Enhancement Project, the project will be exempted from the requirements of SEPA, and no SEPA environmental checklist will be prepared as part of this scope. If SEPA is required, then the City will prepare the SEPA documents based on design documents prepared by Otak under the tasks in the approved scope of services. 6. The project may require local (City of Tukwila) permits, including critical areas ordinance compliance, shoreline permits, flood hazard permits, and other relevant local permits. Applications and support documentation for local permits will not be prepared as part of this scope, if required, Tukwila will complete and submit the required local permit applications. 31 7. The JARPA and the Specific Project Information Form (SPIF) will be used to obtain ESA compliance and to support the application for a Department of the Army (Section 404) Nationwide 27 permit from the Corps of Engineers. 8. The project will be designed to meet the criteria of one or more of the restoration actions outlined in the Programmatic Biological Assessment (PBA) for Restoration Actions in Washington State and associated Biological Opinion (131Op). 9. An individual Biological Evaluation or Biological Assessment will not be prepared as part of this scope. 10. The Army Corps of Engineers, National Marine Fisheries Service, and U.S. Fish and Wildlife Service will concur that the project meets the criteria of one or more of the restoration actions outlined in the PBA /BiOp. 11. The project will result in a No Effect or a May Affect, Not Likely to Adversely Affect determination for listed fish species that may occur in the project action area. 12. The project will not require compensatory wetland or stream mitigation, and no compensatory mitigation plan is included in this scope. 13. A monitoring plan for post - construction project performance will not be prepared as a component of this scope. 14. The project will not require an individual Section 401 Water Quality Certification from Washington State Department of Ecology (Ecology). However, Ecology will receive the project's JARPA application so that they can make an official determination that no Ecology permits are required for the project. 15. Ecology Construction Stormwater General Permit will be required. 16. The Consultant is not responsible for transfer of coverage for the Construction Stormwater General Permit for the project. 17. The Consultant is expected to follow up and address any comments that may arise in the permit review process. 18. Riverton Creek stream characterization will be taken from the existing Critical Areas Assessment and the existing Stream Enhancement Plan for the project. 19. There will be up to two field meetings with City staff, representatives from permitting agencies, and tribal organizations. 20. Any additional studies identified during the Charter Meeting will be completed under Task 14. Task 5 — Final Design This is based on updating the plan sheeting provided by Tukwila for the 75% complete plans. Plans will be reviewed during the Intake Review and Charter Meeting (Phase 1: Tasks 2 and 3) to determine if additional sheets are needed to provide a complete project bid package. If necessary, the preliminary scope and fee estimate for this task will be revisited and a supplement will be submitted for the work to provide additional sheets. 32 Plans will be submitted at the 90- percent, 100 - percent, and Final (Bid Set) design levels for review and comment by the City. Each submittal will be provided to the City in .pdf format or other reproducible electronic format. When the 100 - percent design plan set has been approved by the City, Otak will provide a full -size .pdf set, sealed by a Washington state registered Professional Engineer (PE), Structural Engineer (SE), Professional Landscape Architect (PLA), or Professional Land Surveyor (PLS) as appropriate, with electronic files in AutoCAD. After the City has reviewed the 90- percent submittals, a meeting will be held at the City to discuss review comments. Otak's project manager and up to three designers will attend. The preliminary sheet list used to estimate the budget for this task is based up on updating only the 16 plan sheets provided by the City for the 75- percent design, with the addition of 2 sheets for details. 5.1 Final Design and Plans Sheets (18 updated sheets) I. General Plan Sheets (3 sheets) Otak will update the cover sheet and the construction staging plan provided by Tukwila showing table of contents, vicinity map, and existing conditions survey basemap and staging plan. Otak will also a new plan sheet, which includes a legend, abbreviations general construction notes. 2. Construction Traffic Control ,Trail Detour and Staging Plan (I sheet) Otak will update the existing 75- percent design plans to finalize plans and details showing the detour route and signage for closing of Green River Trail between Tukwila International Boulevard at South 1121' Street and East Marginal Way at South 116' Street. Otak will prepare a final plan showing the construction staging areas and traffic control requirements. Detailed traffic control plans will be prepared by the Contractor during construction for approval by the City. 3. Temporary Erosion and Sediment Control Design (2 sheets) Otak will update the existing 75- percent design plans to finalize plans and details showing the temporary erosion and sediment controls for protecting the water quality of Riverton Creek and the Duwamish River during construction. These drawings can be used for the Stormwater Pollution Prevention Plan. 4 Creek Grading, Trail Restoration, and Bank Armoring Design (5 sheets) Otak will update the grading plans and details for restoring a stable stream channel and floodplain, with scour counter - measures and habitat features, this will include grading the floodplain, creek bankfull channel, and a low flow channel under the new bridge, and will include channel stability and habitat enhancement features including live Vegetation (included in Task 8.1.8). Large Woody Debris (LWD), riprap scour counter - measures including details.. The grading design will compliment and fit to the slope protection along the south side of the Duwamish River. 33 Otak will prepare landscaping plans and details for revegetation of Riverton Creek and for edge restoration along Green River Trail. Decorative features added to the bridge or retaining walls will be detailed on the bridge or wall plans. 5 Bridge Design (4 sheets) Otak will update the bridge plans for construction of Green River Trail Bridge over Riverton Creek. The plans will include the following information: • Bridge layout and roadway profile. • General notes, design criteria and material specifications. • Construction sequence of new bridge. • Foundation type, dimensions and details. • Design details and dimensions of the bridge and structural components, including bridge abutments, superstructure framing and deck, bearing details, and pedestrian railings. • Attachment details for utilities on the bridge and transitions. • Concrete finishing, and aesthetic features of bridge (as required). 6 Retaining Wall Design (3 sheets) Otak will update the design and details for the retrofit of the sheet pile wall along Tukwila International Boulevard Bridge approach. Based on the 75- percent design, it is anticipated that the retrofit will consist of tie -back anchors extending behind the wall into the roadway approach fill. In addition, it is estimated that there will be two new structural walls, one at each corner of the north side of the bridge. Based on the existing 75- percent design, the existing retaining wall on the south side will be utilized to the extent feasible to support the Riverton Creek Grading. The new wall system will be either cantilevered or attached to the bridge foundation. A computer - modeled visualization of the proposed project will be prepared to assist with public outreach efforts. Deliverables: 1. Stamped structural calculations sealed by a Washington state registered SE. 2. Stamped plan sheets as described in the estimated sheet list below. 3. Electronic copy of AutoCAD files. Assumptions: Green River Trail will be closed to pedestrian and bicycle traffic for the duration of the project. No staged construction will be necessary. 2. The Contractor will design temporary structures required during construction. CM 5.2 Specifications Otak will provide specified General Special Provisions (GSP) and project- specific Special Provisions for Divisions 2 —10, as necessary, to supplement the WSDOT /APWA Standard Specifications for Road, Bridge and Municipal Construction. Otak will also review Division 1 of the Contract Provisions for the project, prepared by the City, and provide comments and revisions as necessary. Otak will prepare an estimated construction schedule to determine the number of working days for the construction contract, for review by the City at approximately the 90 percent design level. Assumptions: 1. The City will provide the boilerplate for the Proposal and Division 1 of the Contract Provisions, and seal that portion of the Contract Provisions. 2. Specifications will be based on the 2016 edition of WSDOT /APWA Standard Specifications for Road, Bridge and Municipal Construction, current amendments, City requirements, and General Special Provisions. 3. This scope assumes that the project will be advertised for bid before April 2018 such that the 2016 edition of the Standard Specifications will be used. Deliverables: 1. Special Provisions at 100 - percent design (pdf format and MS Word format)., sealed by a Washington state registered PE. 2. Estimated construction schedule, draft and final in Microsoft Project (.mpp and .pdf format). 5.3 Construction Cost Estimates Otak will compile the quantities and estimated construction cost (i.e., engineer's estimate) at 90- and 100 - percent level design for submittal to the City. The estimate will be prepared using historical unit prices from the WSDOT Unit Bid Analysis, City of Tukwila's recent projects, as appropriate, and other pertinent data. The water main bid items will be separated into a separate bid schedule for sales tax assessment. Deliverables: 1. Construction Cost Estimate at 100 - percent design (.pdf and MS Excel spreadsheet format). 2. Quantity calculations, with assumptions noted, at 100 - percent design (.pdf format). SUPPLEMENTAL SERVICES (Not Included in Authorized Contract) Otak has identified the following potential supplemental services that may be required by the City or permitting agencies. If requested by Tukwila, detailed scope and fee will be submitted for any supplemental services which could include: 35 • Geotechnical Exploration and Analysis • Utility Coordination • Design Report • Stream Hydrologic and Hydraulic Analyses to Support Final Design • Structural Design to Support Final Design • Construction Support Services • Supplemental Survey and Easement Documentation. • Supplemental Studies to Support Permit Requirements. • Cultural Resources Investigation and Reporting. • Public Meetings and Stakeholder Coordination. • Grant Application Assistance W Exhibit B - Fee Estimate City of Tukwila - Riverton Creek Flapgate Removal Project Otak, Inc., Project 32740 Task Description Phase 1 - Intake Review and Charter Meeting Task 1 Project Management (6 -mo for Phases 1 and 2) - 3 months 1.1 Project Management and Coordination 1.2 Quality Assurance/Quality Control Trail Structural 16 16 Task 2 Intake Review 2.1 Review Existing Data 8 2.2 Site Reconnaissance 6 2.3 Intake Review and Develop Design Criteria 12 2.4 Develop Premitting Strategy Plan 4 Task 3 Coordination Meetings 2 14 2 4 Phase 1 Total Hours 10 76 4 19 Total Labor Cost, including Overhead and Profi t S 2,346 $ 10,252 $ S 757 S 2,507 $ 5 531 $ Direct Expenses Phase 1 Project Total 4 Environmental Water Resource Stream Assessment Landscape CADD Adrnin Permitting and Final Design (scope and fee to be refined based on Phase 2 - Phase 1, if needed) Task 4 Permitting, Environmental Review and Coordination 4.1 JARPA Preparation 4.2 Specific Project Information For (SPIF) 43 Cultural Resources 4.4 Ecology Construction Stormwater General Permit 4.5 Wetland Delineation 4.6 Agency Meetings 47 Permit Support 4 2 54 56 104 18 2 4 8 16 2 4 16 2 4 24 32 72 8 8 12 8 Task 5 Final Design 5.1 Design and Plans (to finalize existing 16 sheets) 2 44 14 56 61) 5.2 Specifications - all new specifications based on template provided 2 26 12 12 56 5.3 Construction Cost Estimates (updating Estimate and quant provided) 2 14 14 18 28 Phase 2 Total Hours Total Labor Cost, including Overhead and Profit Direct Expenses Phase 2 Project Total Project Total Hours (Phases 1 -2) Billing Rate (including OH and Profit) Total Labor Cost, including Overhead and Profit Direct Expenses Project Total (Phases 1 -2) 132741 - Riverton Creek Cpl Removal budget 040317 16 x 4 2 271 5 x O O U Geotech 12 32 $3,939 $3,939 4 28 $4,134 $4,134 10 $1,343 $1,343 10 $1,337 $1,800 $3,137 18 $2,418 $2,418 8 $1,070 $1,070 25 $3,546 $3,546 16 131 1,122 $ 17,786 $1,800 $ 19,586 $534 $ 534 $ 17,786 $ 534 $ 1,800 $ 20,120 6 244 $22,803 2 34 52,967 $2,967 2 22 51,647 $1,647 2 6265 $265 2 22 52,064 $2,064 128 511,330 $11,330 16 52,001) $2,000 20 52,5311 $2,530 28 6 28 250 828,815 $28,815 24 6 60 198 820,750 $20,750 11) 86 $10,392 $10,392 6 88 49 88 54 56 104 144 18 4 8 62 12 28 66 778 1,408 S 11,871 S S S 5,279 S 9,160 5 7,164 5 6,569 S 6,344 S 15,205 S 1,557 5 677 S 1,354 S 8,409 S 1,126 S 2,007 5 4,630 $ 82,760 $ $2,483 $ 82,760 $ 2,483 $ 16 164 4 59 88 58 56 104 144 18 4 8 64 12 28 82 909 235 135 169 189 132 104 133 117 61 106 87 169 169 136 94 72 70 3,754 $ 22,124 S - S 757 S 7,786 S 9,160 $ 7,695 S 6,569 S 6,344 5 15,205 S 1,557 5 677 S 1,354 S 8,680 S 1,126 S 2,007 S 5,752 82,760 2,483 85,243 100,547 51,800 $ 102,346 $ 3,016 $ 3,016 100,547 $ 3,016 $ 1,800 $ 105,363 473/017