HomeMy WebLinkAbout22-166 - Willamette Cultural Resources Associates, Ltd - Cultural Resources Support Services: Chinook Wind Public Access ProjectCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 22-166(a)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment # 1
Between the City of Tukwila and Willamette Cultural Resources Ltd.
That portion of Contract No. 22-166 between the City of Tukwila and Willamette Cultural
Resources Ltd.is hereby amended as follows:
Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in
full force and effect for a period commencing upon execution and ending June 30, 2024
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 June 30, 2024 unless an extension of such time is granted in
writing by the City.
All other provisions of the contract shall remain in full force and effect.
Dated this
19th day of September , 2023
CITY OF TUKWILA
5Docusigned by:
-avi Patit.In t,rEatn i
_...5108E1991.D9C4D9_.
L L
CONTRACTOR
L
Hari Ponnekanti, Public Works Director Printed Name:
CA Reviewed May 2020
S -e )1 fit, trvui►/
Page 1 of 1
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 22-166
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Willamette Cultural Resources Associates, Ltd., 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 cultural resources
support services in connection with the project titled The Chinook Wind Public Access
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 October 31, 2023, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shail
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 October 31, 2023 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for competed work and for services
rendered under this Agreement as foliows:
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 $11,274.21 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 baiance 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.
5. Ownership and Use of Documents. NI 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 Consuttant'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, ilndemnify 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 ilnjuries 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 Liabilit 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 $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. WorkersCompensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020
Page 2
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity FuU Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. 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.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:1/11.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the a endatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commence ent of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written noticeof any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Faure 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 e ployer 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.
CA revised May 2020
Page 3
11. Discrimination Prohibited. Contractor, 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,Imarital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
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 tirne 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. Severabilit 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:
WillametteCRA ATTN: Stephenie Kramer
655 S. Orcas Street, Suite 220
Seattle, WA 98108
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 May 2020
Page 4
DATED this 22 day of December
20 22
CITY OF TUKWILA CONSULTANT
c.c.ffn
6/774 g"onwekawt-?:
Hari Ponnekanti, Public Works Director
CA revised May 2020
DicArallly iliwc 1 by ',cephemlt, Kran
Stephenie Kramer ic-2..1.uphe rf fnArl 0= WI 111,,n.q
cc, erickl- 5 WO. PI (1411Locellancettecrc c
By: NH, MI
Printed Name: Stephenie Kramer
Title: Corporate Treasurer & Archaeologist
Page 5
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Chinook Wind Project No. 91441202
King County purchased site and will restore it as a salmon estuary and passive park in partnership with the City.
DESCRIPTION: City CIP project is to develop public access and maintenance trail as project is slated to be turned over to
the City in the future. Plan is to connect trail through PW shops to Duwamish Gardens.
The WRIA 9 Salmon Recovery Plan recommends creating 20 -acres of off -channel habitat within the
JUSTIFICATION: Duwamish Transition Zone and lists this section of the river as critical habitat for salmon recovery
within the Green/Duwamish Watershed.
STATUS: King County construction slated to begin in 2021. City construction will be a separate contract, to start in 2022.
MAINT. IMPACT: Passive park will require additional maintenance,
COMMENT:
Grant funding for County project is from the KC fee in -lieu mitigation program and KCD. City CIP has 50% RCO
ALEA funding.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022 2023 2024 2025 2026 BEYOND TOTAL
EXPENSES
Design
21
44
44
109
Land CRAM
52
10
62
Monitoring
15
15
15
45
Const. Mgmt.
79
79
Construction
1
263
264
TOTAL EXPENSES
74
69
59
357
0
0
0
0
0
559
FUND SOURCES
Awarded Grant IRCO
20
20
117
157
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
74
49
39
240
0
0
0
0
0
402
TOTAL SOURCES
74
69
59
357
0
0
0
0
0
559
2021 - 2026 Capital Improvement Program
91
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PROPOSAL
To: Mike Perfetti, City of Tukwila
From: Stephenie Kramer
Date: December 2, 2022
Re: Chinook Winds Desktop Review Fieldwork Follow-up
Willamette Cultural Resources Associates, Ltd (WillametteCRA) is pleased to submit a proposal to assist
the City of Tukwila (City) in meeting cultural resources requirements by the Washington State Recreation
and Conservation Office (RCO) in preparation for the Chinook Winds Public Access Project (Project). The
Project will include developing trails and native landscaping, educational kiosks, a parking lot, interior
stormwater control, and connecting a stormwater system to existing infrastructure along Tukwila
International Boulevard.
WillametteCRA recently prepared a technical memo for the City that evaluated existing stratigraphic data
as they related to proposed project elements for this project. WillametteCRA recommended that certain
deeper project elements should be either investigated for subsurface cultural resources using shovel or
auger probes, or excavations should be observed by an archaeological monitor during construction.
The City requested a proposal for subsurface survey for those deeper Project areas rather than relying
solely on monitoring during construction. Our proposed scope of work would consist of the following
assumptions and tasks as listed.
Scope of Work
Task 1: Project Management & Tribal and Agency Coordination
The WillametteCRA project manager will coordinate with the City and work with our support staff to
monitor production and quality control of deliverables, scheduling, and invoicing. The project manager will
contact the affected Tribes via email prior to fieldwork for information or concerns the Tribes may have
regarding cultural resources and will assist with coordinating with RCO, if needed. Tribal cultural
resources representatives will be invited to be present for shovel probing and monitoring and may join us
if their schedules allow.
Task 2: Logistics
WillametteCRA will coordinate with City staff to determine if utility locate services are necessary; if so, we
will initiate utilities locate services and travel to spray paint the excavation areas. We will complete other
required mobilization activities including staffing and equipment preparation. We anticipate the possibility
that conspicuous utilities or buried marked utilities may prevent subsurface testing in some locations. If it
655 S. Orcas St., Suite 220, Seattle, Washington 98108
Phone: 206-397-1487 www.willamettecra.com
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Mike Perfetti
Chinook Winds Public Access
December 2022
is the case that utilities prevent some shovel probes from being excavated, the level of effort for Task 3,
below, may be reduced.
Task 3. Field Survey
WillametteCRA will conduct field survey and excavate shovel or auger probes for the following proposed
Project elements: the small open channel to collect and convey stormwater runoff, small timber bridge,
dispersion trench, kiosk, a sample of 5 -gallon tree planting locations, and if accessible, the location of the
proposed catch basin and the proposed drainage pipe location. If all proposed locations for ground -
disturbing Project elements are accessible, we will excavate up to 18 shovel probes including 4 reserved
shovel probes for contingency and/or if initial site boundary delineation becomes necessary, for a total of
22 shovel/auger probes. Shovel probes will be excavated at 20 -meter intervals and at the discretion of the
field director. Shovel probes will be extended with an auger below 1 meter below ground surface as
needed to excavate to the depth of the Project element or to laharic sand, whichever is reached first.
This survey can be accomplished by three field archaeologists and a field supervisor in one 9 -hour day
including travel. If any artifacts or cultural deposits are observed, they will be documented, photographed,
and returned to their respective probe before backfilling. Up to one formal archaeological site or isolate
form would be prepared if any archaeological resources are identified during fieldwork.
If a portion of the Project Area is not accessible due to pavement, compaction, buried wood or metal, or
another obstruction and the City would like to WillametteCRA to complete a subsurface survey by
monitoring and inspecting backhoe -excavated short exploratory trenches (5 -meters long), WillametteCRA
can coordinate this additional field effort. This effort is not included in the current scope and budget and
would require a budget revision.
Assumptions:
1. Project Area is accessible, or access will be arranged for by the City.
2. No extensive site delineation or formal evaluation will be completed under this Scope of Work as
such activities will require development of a site-specific research methodology.
Task 4. Monitoring (contingent task)
Should shovel or auger probes not be possible for the drain pipe, we include a contingent task for
archaeological monitoring during excavations. The Monitor will be supervised by an archaeologist who
meets the Secretary of the Interior's Standards for a Professional Archaeologist. For the purposes of
scoping, we assume monitoring work will be for three 10 -hour days. Longer days onsite would be billed
based upon hourly rates; shorter days would be pro -rated. On-site monitoring activities will include a brief
tailgate session with the construction crew by the Monitor if needed to explain the role of the
archaeologist and what may be found, and the procedures to follow in the event of a cultural resources
discovery. The monitor will take notes and photographs to document daily activities and findings. The
Project Manager may make a site visit if intact cultural resources are found. Artifacts, if found, will not be
collected; they will be documented, bagged, and returned to their respective location.
Page 2
Mike Perfetti
Chinook Winds Public Access
December 2022
Assumptions:
1. We require at least 48 -hours advance notice of the schedule. Once construction activities begin,
we require notice by 3 pm whether a monitor will be required the next working day.
2. Billing for time onsite will be at a two-hour minimum.
Task 5. Reporting
WillametteCRA will amend their existing technical memo with methods and results of the field survey, and
monitoring, and any recommendations regarding management of cultural resources for the project that
may be required based on the outcome of our study.
If an archaeological resource is identified during the survey, it will be documented on a standard
Washington State Archaeological Site or Isolate inventory form and appended to the report. One internal
draft will be prepared and submitted to the City for review to ensure accuracy of project information as
conveyed in the report. The final draft will be submitted to the City. We assume all deliverable submittals
will be electronic, as MSWord and/or PDF documents.
Cost Proposal
Fees will be billed on an hourly not -to -exceed basis. A detailed budget is attached. This proposal also
assumes that ground disturbance will be limited to the areas depicted in the project plans provided.
Schedule
WillametteCRA will begin tasks immediately upon Notice to Proceed. Please let me know if you have any
questions regarding this proposal.
Page 3
WillametteCRA
City of Tukwila Chinook Winds Trails
November 29, 2022
Labor
0
Task 1
Project Management
Task 2
Logistics
Task 3
Fieldwork
Task 4
Monitoring
(contingent)
Task 5
Reporting
Total
Labor Category
Description
Direct Rate
Hours 1
Total
Hours 1
Total
Hours 1
Total
Hours 1
Total
Hours 1
Total
Hours
Total
QAQC, Paula Johnson
$ 0.625
$ 69.34
0
6
0
0
0
0
0
0
$ -
$ 346.68
$ -
$ -
$ -
$ -
$ -
$ -
0
0
2
3
0
0
0
0
$-
$-
$ 69.34
$ 145.62
$-
$-
$-
$-
0
0
10
0
9
9
9
0
$ -
$ -
$ 346.70
$-
$ 270.45
$ 234.00
$ 234.00
$ -
0
3
30
0
0
0
0
0
$ -
$ 173.34
$ 1,040.10
$ -
$ -
$ -
$ -
$ -
2
7
8
4
0
0
0
2
$ 138.68
$ 404.46
$ 277.36
$ 194.16
$ -
$ -
$ -
$ 64.80
2
$ 138.68
Principal Investigator/Senior Archaeologist
2
$ 57.78
16
$ 924.48
Field Lead, Yonara Carrilho
$ -
$ 34.67
50
$ 1,733.50
GIS Analyst, Johonna Shea
$ -
$ 48.54
7
$ 339.78
Archaeologist, Julia Kunas
$ 30.05
9
$ 270.45
Archaeologist, John Montine
$ 26.00
9
$ 234.00
Archaeologist, Kristin Kayaani
$ 26.00
9 $ 234.00
Project Assistant, Ryanne Crowther
$ 32.40
2
$ 64.80
WCRA Labor Subtotal
6 1
$ 346.68
5 1
$ 214.96
37 1
$ 1,085.15
33 1
$ 1,213.44
23 1
$ 1,079.46
104
$ 3,939.69
Approved Direct Costs
0
$ -
30
$ 18.75
61
$ 72.50
31
Total
Description
Rate
Units I
Total
Units I
Total
I Units I
Total
Units I
Total
Units I
Total
Units
Total
Mileage
$ 0.625
0
0
0
$-
$-
$-
30
0
0
$ 18.75
$ -
$ -
60
1
0
$ 37.50
$ 35.00
$ -
30
1
0
$ 18.75
$ 35.00
$ -
0
0
0
$ -
$ -
$ -
120
$ 75.00
Tablet GPS
$ 35.00
2
$ 70.00
$ -
30
0
$ -
DC Subtotal
0
$ -
30
$ 18.75
61
$ 72.50
31
$ 53.75
0
$ -
122
$ 145.00
Lump Sum ODC Subtotal
0
$ -
30
$ 18.75
61
$ 72.50
31
$ 53.75
0
$ -
122
$ 145.00
Invoiced ODC Subtotal
0
$ -
0
$ -
0
$ -
0
$ -
0
$ -
0
$ -
ODC Subtotal
0
$ -
30
$ 18.75
61
$ 72.50
1
$ 35.00
0
$ -
92
$ 126.25
Total Price
Description
WCRA Labor
$
3,939.69
WCRA Overhead (128.61 %)
$
5,066.84
WCRA Profit (30.00%)
$
1,181.91
WCRA Direct Costs
$
145.00
Project Total
$
11,274.21
1 of 1
WillametteCRA Budget