HomeMy WebLinkAbout17-143 - NHC, Inc. - Gilliam Creek Fish BarrierCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 17-143
Council Approval N/A
CONSULTANT AGREEMENT FOR
FEASIBILITY ANALYSIS AND CONCEPTUAL DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and NHC, 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 feasibility _analysis
and conceptual design services in connection with the project titled Gilliam Creek Fish
Barrier 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 $39,918.00 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.
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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 indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including reasonable attorney fees, to the extent resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages to the extent caused by the 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.
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.
CA revised : 1-2013
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4. Professional Liability with limits no Tess 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.
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Page 3
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:
NHC, Inc.
12787 Gateway Drive South
Seattle, WA 98168
Attn: Todd Bennett
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.
CA revised : 1-2013
Page 4
DATED this (( day of A -1A-
CITY OF TUKWILA CONSULTANT
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Attest/Authenticated:
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Printed Name: TO ‘O ¥ P cSt 17
Title: \:)e--1r‘C1`e
Approved as to Form:
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City Jerk, Ch sty O'F aherty Office of the City Attorney
CA revised : 1-2013
Page 5
nhc
northwest hydraulic consultants
12787 Gateway Drive South 1 Seattle, WA 98168 1 206.241.6000 1 www.nhcweb.com
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GILLIAM CREEK FISH BARRIER REMOVAL
FEASIBILITY ANALYSIS AND CONCEPTUAL DESIGN
Prepared for: Mike Perfetti
Date: 7/25/2017
Company: CITY OF TUKWILA NHC Project #: 20002976
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Background
Gilliam Creek is a spring -fed creek that emerges from the City of Tukwila's (City's) hillside neighborhoods
situated between 1-5 and Sea -Tac Airport. It is an urban stream, flowing among a network of roadways
past the commercial hub of Tukwila's Southcenter and into the Green River. Gilliam Creek is accessible
to fish through a 108 -inch flapgate under certain high-flow conditions when the Green River water level
is elevated, but remains lower than the water level in Gilliam Creek. Several species of anadromous fish,
including coho salmon; chinook salmon, and sea -run cutthroat trout, are reported to make use of the
lower reach of Gilliam Creek. The City desires to analyze options for the removal or modification of the
flapgate in order to create full-time fish access into the creek, while maintaining or improving existing
flood protection. The options should address recreational, aesthetic, and educational opportunities and
constraints associated with the adjacent Green River Trail and trailside park area. The project area is
constrained by commercial use, local roads, and 1-405.
The City's objectives are to:
• Develop design criteria that enable fish passage at all times, maximize ESA -listed salmonid
habitat, and provide equal or improved flood protection.
• Develop three conceptual design alternatives that meet project goals, address opportunities and
constraints, and satisfy design criteria.
• Provide preliminary cost estimates for each design alternative.
• Develop a brief feasibility memo that addresses pros & cons, project challenges, and expected
outcomes of the alternatives.
The City has requested that Northwest Hydraulic Consultants (NHC), with subconsultants Watershed
Company and Parametrix (NHC Team), assist with this effort.
Scope of Work
The NHC Team will develop three conceptual designs. These conceptual designs will focus on the lower
approximately 700 feet of Gilliam Creek from the confluence with the Green River to the downstream
end of the existing culvert underneath the eastbound 1-405 roadway shoulder. This 700 feet includes the
existing culvert underneath the Green River Trail and 66th Avenue South. Potential Gilliam Creek
water resource specialists
nhc
improvements upstream of this I-405 culvert will be briefly addressed. The NHC Team will also discuss
potential Green River Trail downstream (north) of Gilliam Creek near the 1-405 bridge and connection to
the nearby park along the Green River Trail upstream (south) of Gilliam Creek.
Task 1— Kick Off Meeting and Data Gathering
The NHC Team will have an onsite kick off meeting to walk together the approximate lower 700 feet of
Gilliam Creek from the Green River upstream to the 1-405 shoulder culvert observing and commenting
on existing conditions and obstructions, the improvement potential, and future goals. The Green River
Trail between 1-405 and the upstream park will also be walked for the same purpose.
The project team will then convene the same day at the City offices to discuss overall goals and
objectives for the project, metrics for evaluating the project, data needs, and project schedule. Goals
and metrics discussed in this meeting will be included in the project documentation.
The City and the project team have already discussed three conceptual designs of varying complexity, as
listed below. During the team initial meeting, these three concepts will be discussed and serve as the
starting point for three design alternatives for further evaluation. All three concepts would add
restoration features and improve fish access from the Green River confluence upstream to the outlet of
the 1-405 culvert as well as add public interaction along the Green River Trail.
• Design Concept 1— Replace flapgate at the Green River confluence and replace concrete splash
pad with roughened channel. Existing culvert underneath 66th Avenue South and the Green
River Trail remains.
• Design Concept 2 — Daylight Gilliam Creek underneath the Green River Trail. The existing culvert
underneath 66th Avenue South remains. Flapgate moves to the new downstream end of the
shortened 66th Avenue South culvert.
■ Design Concept 3 — Remove the entire Gilliam Creek culvert underneath the Green River Trail
and 66th Avenue South and replace with daylighted reach, a larger non -fish barrier culvert or
some combination of the two. With the downstream flapgate removed, this concept would
need to ensure flood protection for the Southcenter Area upstream up 66th Avenue South.
NHC already has much of the City's data including the GIS stormwater database and has constructed a
hydraulic model that includes a 50 -year simulation of Gilliam Creek, the connecting City stormwater
system, and the Green River. Additional data needs from the City are the 2' contours discussed in the
Request for Proposals and if there are any as -built drawings beyond what the City has already provided
for the Gilliam Creek culvert underneath 66th Avenue South, for the 1-405 shoulder culvert, the
connecting City stormwater system, and the water main running along Tukwila Boulevard.
Assumptions:
• City will provide any existing pertinent information such as prior habitat assessments, design
drawings for the 66th Avenue South culvert, 1-405 shoulder culvert, and the water main along
Tukwila Boulevard if available.
Scope of Work
Gilliam Creek Fish Barrier Removal Feasibility Analysis and Conceptual Design
July 25, 2017
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Deliverables:
• Summary of goals and evaluation metrics (emailed to the City).
• Photos from stream walks.
Task 2 — Evaluation and Design Collaboration Sessions
The NHC Team will refine the design concepts discussed in the kick off meeting, iterating between
evaluating the designs and having in-person collaboration sessions with the City to discuss results and
subsequent revisions to the designs. Example evaluations to occur may include quantifying hydraulic fish
barrier characteristics of the existing 66th Avenue South culvert and 1-405 shoulder culvert, determining
depth and flow durations and relationships for Gilliam Creek and the Green River, identifying potential
flood risk upstream of 66th Avenue South, considering Tukwila 205 Levee certification requirements. If
needed, culverts in the hydraulic model will be refined if more detailed information is identified in Task
1.
The NHC Team and the City will have up to three in-person design collaboration sessions. The NHC Team
will prepare design concept sketches and cost estimates for the meetings. The last meeting will likely
include discussion on any review comments from draft project documentation (Task 3).
Though the focus of the conceptual designs will be on the 700 feet of Gilliam Creek upstream of the
Green River confluence, a qualitative assessment will be made for the reach upstream to 1-5. Watershed
Company will do a site walk of Gilliam Creek between the 1-405 shoulder culvert and upstream 1-5 to
observe current conditions, assessment potential habitat restoration opportunities, and take
representative photos to be included in the project documentation. General conditions upstream of 1-5
will be summarized in the project documentation (Task 3) but not be visited as part of this project.
Assumptions:
• The City is inviting WRIA9 representatives to one of the in-person meetings.
Deliverables:
• Design sketches.
• Photos from the 1-405 shoulder culvert to 1-5 stream walk.
Task 3 — Documentation
The NHC Team will prepare a report documenting existing conditions and three future conceptual
designs. The report will focus on the lower approximately 700 feet of Gilliam Creek, from the confluence
with the Green River to the downstream end of the existing culvert underneath the eastbound 1-405
roadway shoulder, plus along the Green River Trail from near the 1-405 bridge to the nearby upstream
Green River Trail Park. The NHC Team will prepare a draft version, and then address any City review
comments in a final report.
Scope of Work
Gilliam Creek Fish Barrier Removal Feasibility Analysis and Conceptual Design
July 25, 2017
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The project report will contain:
■ Current conditions summary related to flooding, fish habitat and landscape architecture.
■ Site walk photos.
• Culvert removal goals and evaluation metrics.
• A narrative and a cost estimate for each design concept, plus pros and cons discussion.
• Three design concept sketches
Assumptions:
• The report will be approximately 15 to 20 pages including figures (but excluding photos).
■ The City will provide one round of review comments (a composite version if there is more than
one reviewer) to the draft document.
Deliverables:
• Draft and final versions of the report.
Schedule
NHC and the City will determine a mutually agreeable schedule to complete the described task work.
Scope of Work
Gilliam Creek Fish Barrier Removal Feasibility Analysis and Conceptual Design
July 25, 2017
4
Cost Estimate
The total estimated cost to complete the initial assessment is $39,918 as detailed in the following table.
Services will be billed on a time and materials basis up to this maximum. Costs assume work is initiated
within two months of the date on this document and is completed no more than a year from a notice to
proceed. Outside this time window, total project cost and hourly rates would be subject to revision.
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Summed Task
Total
$ 7,984.95
$ 19,682.25
$ 12,250.82
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$ 2,143.95
$ 9,848.25
$ 6,602.32
$ 18,594.52
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Task Description
1 Kickoff Meeting & Data Gathering
2 Evaluation and Design Collaboration Sessions
3 Documentation
Total Hours
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Watershed Company
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Parametrix
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Cost Estimate
Gilliam Creek Fish Barrier Removal Feasibility Analysis and Conceptual Design
July 25, 2017
2