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HomeMy WebLinkAbout23-109 - Raedeke Associates, Inc - Wetland and Environmental MitigationCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-109(a) Council Approval N/A CONTRACT FOR SERVICES Amendment # Between the City of Tukwila and Raedeke Associates, Inc That portion of Contract No. 23-109 between the City of Tukwila ("City") and Raedeke Associates, Inc. ("Contractor") is hereby amended to include the following provisions: Debarment and Suspension This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by Raedeke Associates, Inc. If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to Raedeke Associates, Inc., the federal government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." Prohibition on Contracting for Covered Telecommunications Equipment or Services a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. {DTP2849551.DOCX;1113175.000001/ CA Reviewed May 2020 Page 1 of 5 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-109(a) (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or Contract Provisions Guide 28 (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. {DTP2849551.DOCX;1113175.000001/ CA Reviewed May 2020 Page 2 of 5 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-109(a) (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments." Domestic Preferences for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber." Access to Records The Contractor agrees to provide The City the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the City and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States." DHS Seal, Logo and Flags The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The contractor shall include this provision in any subcontracts. Compliance with Federal Law, Regulations and Executive Order and Acknowledgement of Federal Funding {DTP2849551.DOCX;1113175.000001/ CA Reviewed May 2020 Page 3 of 5 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-109(a) This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. No Obligation by Federal Government The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Affirmative Socioeconomic Steps If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Copyright and Data Rights The Contractor grants to the City a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify 75 See 17 U.S.C. § 102. Contract Provisions Guide 35 such data and grant to the City or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the City first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City. {DTP2849551.DOCX;1113175.000001/ CA Reviewed May 2020 Page 4 of 5 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-109(a) All other provisions of the contract shall remain in full force and effect. Dated this 24th day of July , 20 23 CITY OF TUKWILA DocuSigned by: QUA& deLlgt-ro .1.EBREE.09137EL4112 „,„„_ Allan Ekberg, Mayor 7/24/2023 1 3:46 PM PDT ATTEST/AUTHENTICATED: r—DocuSigned by: LaU/iSfG/ Yrulytti „,a8S7SdEOC13594E7 Christy O'Flaherty, City Clerk APPROVED AS TO FORM: EDocuSigned by: 46A.A., ailAtt• Office of the City Attorney {DTP2849551.DOCX;1/13175.000001/ Printed Name: Title: CA Reviewed May 2020 Page 5 of 5 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 23-109 Council Approval 6/12/23 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 Raedeke Associates, Inc. , hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Proiect Designation. The Consultant is retained by the City to perform plant establishment and monitorin; requirements services in connection with the project titled Wetland and Environmental Miti ation. 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 April 1, 2025 , 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 April 1, 2025 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $43,000 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. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $1,000,000 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. Workers' Compensation 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 $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full 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 Tess than A:VII. E. 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 Contractor before commencement 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 notice of any policy cancellation, within two business days of their receipt of such notice. G. 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. 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, marital 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 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: Raedeke Associates, Inc. - Chris Wright 2111 N. Northuate Way, Suite 219_ Seattle, WA 98133 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 24 day of May 2023 CITY OF TUKWILA DS ,•— —DocuSigned by: QUaan deLlot,rrr 1.EagEE0.91226402... ........ ..........._ Allan Ekberg, Mayor 6/15/23 ATTEST/AUTHENTICATED: DocuSigned by: Li aaisfy OvF Christy O'Flaherty, City Clerk APPROVED AS TO FORM: rDocuSigned by: 5E49.CA4164FA52—.... Office of the City Attorney CA revised May 2020 CONSULTANT By: Printed Name: Title: Page 5 rir��ir IIIIIIIIDD II II IIII 111111 III IIS May 18, 2023 Sherry Edquid City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 RE: Request for Proposal for Professional Services City of Tukwila — Mitigation Site Monitoring farad & Aquatic Sciences Wildlife Ecology Landscape Arehite eturure • Tukwila Urban Center Pedestrian Bridge (RAI #2023-032-001) • Southcenter Parkway Extension (RAI #2023-032-002) • Interurban Avenue Improvements (RAI #2023-032-003) • 42nd Avenue South Phase III (RAI #2023-032-004) Dear Sherry Edquid: We are pleased to submit the following proposal for biological consulting services for the above-named projects. The Scope of Services portion of this Agreement is based upon discussions with you and our understanding of the work needed as of the date of this document. If this scope has changed, please notify our office immediately so that we can update this Agreement to reflect the services needed. In order to authorize work to begin, please provide a contract, purchase order, or other written notice to proceed to our office. Thank you for the opportunity to submit this proposal. We look forward to working with you on this project. If you have any questions, you may contact me directly at (206) 525- 8122. Respectfully submitted, RAEDEKE ASSOCIATES, INC. Christopher W. Wright President/Soil and Wetland Scientist Attachments 2 1 1 1 N. 1e:urtlhg ate° Way, Ste 219 Se°�uttge°� WA 9813.3 206 5-812 rae°de ke°.e:°c: RAEDEKE ASSOCIATES, INC. 2111 N. NORTHGATE WAY, STE. 219 SEATTLE, WASHINGTON 98133 (206) 525-8122 Fax: (206) 526-2880 Scope of Services For Professional Services Agreement This document shall serve as an Agreement for Professional Services between Raedeke Associates, Inc. and the City of Tukwila for the project known as: City of Tukwila — Mitigation Site Monitoring RAI#2023-032 - 001 Tukwila Urban Center Pedestrian Bridge - 002 Southcenter Parkway Extension - 003 Interurban Avenue Improvements - 004 42nd Avenue South Phase III PROJECT LOCATION The project consists of 4 separate mitigation sites: Southcenter Parkway Extension, Interurban Avenue Improvements, Tukwila Urban Center Pedestrian Bridge, and 42nd Avenue South Phase III. All sites to be evaluated are located in the City of Tukwila, Washington. A list of mitigation sites received from Sherry Edquid, as well as maps retrieved on-line from the City of Tukwila and King County websites depict the study sites. PROJECT SUMMARY This Agreement authorizes Raedeke Associates, Inc. to provide an evaluation of the sites listed above, to prepare new mitigation plans for each site, to oversee construction implementation, and to conduct performance monitoring at each site after construction has completed. PERFORMANCE OF SERVICES Services are performed per the U. S. Army Corps of Engineers (COE) Wetlands Delineation Manual (Environmental Laboratory 1987), as updated for this area by the regional supplement to the COE wetland delineation manual for the Western Mountains, Valleys, and Coast Region (COE 2010). The COE wetlands manual is required by state law (WAC 173-22-035, as revised) for all local jurisdictions. The ordinary high water mark (OHWM) of streams will be determined using definitions provided by the Washington State Shorelines Management Act of 1971: "that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation." (RCW 90.58.030(2)(b) and WAC173-22-030(6). The OHWM will be delineated using procedures outlined in the 1994 Washington Department of Ecology Shoreline Administrators Manual. Raedeke Associates, Inc. April 18, 2023 Professional Services Agreement— Scope of Services Page 1 City of Tukwila — Mitigation Site Monitoring 2023-032-001,002,003,004 PROPOSED FEE SCHEDULE FOR ATTACHMENTS 1. Tukwila Urban Center Pedestrian Bridge (2023-032-001) $16,800 2. Southcenter Parkway Extension (2023-032-002) $10,400 3. South Interurban Avenue Improvements (2023-032-003) $5,400 4. 42nd Avenue South Phase 111 (2023-032-004) $10,400 Total $43,000 ATTACHMENT AND APPENDIX INFORMATION: The Professional Services Agreement is comprised of the General Terms and Conditions, the Scope of Services and the Agreement for Professional Services Authorization. These documents constitute the entire Agreement between Raedeke Associates, Inc. and the City of Tukwila and supersede all prior written or oral understandings. Each individual attachment for the above services provides a scope of work and proposed fee. Following are terms that apply to all the Attachments. COMPENSATION Raedeke Associates, Inc. will invoice for services on a Time and Materials basis at the rates in effect at the time of this Agreement. Estimated cost of providing services as described in this Agreement is $43,000.00. Invoices will reflect costs for actual hours and expenses incurred. Raedeke Associates Inc. reserves the right to use funds remaining in other Attachments and/or tasks, if needed, to complete certain tasks in each Attachment. Hourly Rates Sr. Principal Associate Principal Sr. Scientist/Planner Staff Scientist/Planner Technical Staff 111 Technical Staff II Technical Staff I Project/ Contract Administrator Technical/ Admin Support Staff $250.00 $225.00 $186.00 $161.00 $142.00 $131.00 $116.00 $120.00 $97.00 Expenses Vehicle Mileage $0.655 per mile Fax $0.50 per page Photocopies (black & white) $0.10 per page Prints/plots (8-1/2 x 11, color) $0.40 per page Prints/plots (11x17, color) $0.80 per page The estimated cost is valid for tasks specifically described above. To ensure that needed tasks are included, please carefully review the: Exclusions, Additional Services, and Change Order Raedeke Associates, Inc. April 18, 2023 Professional Services Agreement— Scope of Services Page 2 City of Tukwila — Mitigation Site Monitoring 2023-032-001,002,003,004 sections of this Agreement, if provided. Request to perform tasks not included in this Agreement will result in production of a Change Order for extra fees associated with the completion of the additional requested tasks and may result in project documents being held until such Change Order and associated retainer are received. The Client Responsibility section provides details of documents or files to be supplied before services can be completed, please review to ensure compliance with these requirements. ATTACHMENT INFORMATION: Each individual attachment for the above services provides a scope of work and proposed fee. Following are terms that apply to all of the Attachments. CLIENT RESPONSIBILITY Completion of the services described above is based upon timely receipt from the City of Tukwila of technical reports or documents previously produced for the site, in addition to proposed site plans. These documents will be used as background information and to assess potential site impacts during the tasks described above. OVERALL PROPOSAL ASSUMPTIONS: • We assume the City of Tukwila will supply all access agreements, rights of entry, and authorizations necessary to legally conduct the field work on the project site or neighboring properties; • We assume base CAD files of existing site conditions and proposed site design will be provided by others in a timely fashion. If CAD files are not available, any required mitigation plans will be developed based on available base map information; • We assume that all civil site development or other engineering design, details, notes, and associated permitting for construction and access will be performed by others; • We assume the City of Tukwila will be responsible for submitting reports or permit applications prepared under this contract directly to County jurisdictional authorities for necessary approvals to perform the project work. The reports and applications prepared herein do not serve as permission or obviate the need to ensure all appropriate permits are received prior to constructing the project or performing project related activities. EXCLUSIONS Additional tasks may become necessary, depending on the nature of the project. However, the following future tasks are not included in this Agreement: (1) additional field investigations (for example, detailed wildlife, plants, and animal studies, habitat studies, etc.), (2) additional meetings or additional coordination and administration, (3) tasks associated with preparation of a full critical areas report that discusses project impacts and mitigation suitable for submittal to reviewing agencies as part of a development application, or preparation of mitigation or management plans, (4) tasks associated with response to agency or public comments, or public hearings, or (5) preparation of local, state, or federal critical areas permit applications or supporting documents. If these or other tasks not specifically included in this Agreement are requested, or assumptions stated in this Agreement are exceeded due to circumstances beyond our control, we will submit a supplemental agreement to cover the additional services. Raedeke Associates, Inc. April 18, 2023 Professional Services Agreement— Scope of Services Page 3 City of Tukwila — Mitigation Site Monitoring 2023-032-001,002,003,004 CHANGE ORDERS Any requests for services not included in this Agreement, will result in the production of a Change Order to cover authorization and agreement for payment for such services. If the Scope of Services portion of this Agreement does not accurately describe the services required or is incomplete, please notify the Raedeke Associates, Inc. project manager assigned to the project upon receipt of this document. Raedeke Associates, Inc. April 18, 2023 Professional Services Agreement— Scope of Services Page 4 City of Tukwila — Mitigation Site Monitoring 2023-032-001,002,003,004 Scope of Services for Professional Services Agreement ATTACHMENT 1 City of Tukwila — Mitigation Site Monitoring — Phase 001 Tukwila Urban Center Pedestrian Bridge RAI No. 2023-032-001 PROJECT SUMMARY This Agreement authorizes Raedeke Associates, Inc. to prepare a new mitigation plan for the Tukwila Urban Center Pedestrian Bridge mitigation site and to provide oversight during construction activities. SCOPE OF WORK • Project Initiation and Background Review: This task includes initial coordination with the City of Tukwila and review of background information, including available reference maps and documents from regulatory or resource agencies, including information on wetlands, streams, and soils. We will utilize information and documents provided by the City. • Field Evaluation: We will utilize previously collected information on vegetation, soils, and hydrology to support our findings, as well as other notes and supplemental aerial imagery pertinent to making a determination of wetland and buffer extent. Upon review of this information, we will perform site visits to gather additional data and evaluate the extent of wetlands and buffers, and to identify deficiencies from permit performance standards. This task assumes up to 4 -staff hours. • Summary Memo: This task involves preparation of a technical memorandum summarizing the conditions of the site. The report is intended to provide the City of Tukwila with a preliminary understanding of status of the mitigation site relative to the goals and objectives of the mitigation effort. • Mitigation Plan: This task involves preparation of new mitigation plans created in CAD, if necessary (assumes up to 15 staff -hours). • Construction Site Visits: This task includes site visits for pre -construction and mid - construction meetings to coordinate with the City and their contractors, and inspect to confirm the mitigation site is being constructed per the approved new plans (assumes up to 12 staff - hours). • Performance Monitoring: The project biologist would conduct a site visit during August or September to document existing site conditions, including plant survival, health, and invasive species presence, and to determine if the site is meeting the required performance standards. During the monitoring visit, the project biologist would count plants and estimate vegetative cover in the sample plots, and take photos to document the health of the mitigation area (assumes up to 4 hours for two staff, for a total of 8 staff -hours) • Performance Monitoring Report: After completion of the monitoring site visit, Raedeke Associates, Inc. will prepare a technical memorandum to serve as documentation of the existing conditions for the site. This report will include data collected in the mitigation areas, a color photo -plate depicting the mitigation site, and graphics showing the general configuration of the mitigation site and its plantings. The cost estimate includes one round of review and revision (up to 1 staff -hour) in response to city comments. Raedeke Associates, Inc. May 18, 2023 Professional Services Agreement— Scope of Services Page 1 City of Tukwila — Mitigation Site Monitoring 2023-032-001,002,003,004 • Project Coordination and Administration: This task includes correspondence and coordination with the City of Tukwila or their consultants with regard to scheduling and information acquisition for the project and to provide in-house administration as necessary during the course of the project (assumes up to 1 staff -hours). • Project Expenses: Project expenses include costs for travel, mileage, photocopies, reprographics, courier services and other supplies. ESTIMATED COST: $16,800.00 Raedeke Associates, Inc. May 18, 2023 Professional Services Agreement— Scope of Services Page 2 City of Tukwila — Mitigation Site Monitoring 2023-032-001,002,003,004 Scope of Services for Professional Services Agreement ATTACHMENT 2 City of Tukwila — Mitigation Site Monitoring — Phase 002 Southcenter Parkway Extension RAI No. 2023-032-002 PROJECT SUMMARY This Agreement authorizes Raedeke Associates, Inc. to prepare a new mitigation plan for the Southcenter Parkway Extension mitigation site and to provide oversight during construction activities. SCOPE OF WORK • Project Initiation and Background Review: This task includes initial coordination with the City of Tukwila and review of background information, including available reference maps and documents from regulatory or resource agencies, including information on wetlands, streams, and soils. We will utilize information and documents provided by the City. • Field Evaluation: We will utilize previously collected information on vegetation, soils, and hydrology to support our findings, as well as other notes and supplemental aerial imagery pertinent to making a determination of wetland and buffer extent. Upon review of this information, we will perform site visits to gather additional data and evaluate the extent of wetlands and buffers, and to identify deficiencies from permit performance standards. This task assumes up to 4 -staff hours. • Summary Memo: This task involves preparation of a technical memorandum summarizing the conditions at the site. The report is intended to provide the City of Tukwila with a preliminary understanding of status of the mitigation site relative to the goals and objectives of the mitigation effort. • Mitigation Plan: This task involves preparation of new mitigation plans created in CAD, if necessary (assumes up to 10 staff -hours). • Construction Site Visits: This task includes site visits for pre -construction and mid - construction meetings to coordinate with the City and their contractors, and inspect to confirm the mitigation site is being constructed per the approved new plans (assumes up to 8 staff - hours). • Performance Monitoring: The project biologist would conduct a site visit during August or September to document existing site conditions, including plant survival, health, and invasive species presence, and to determine if the site is meeting the required performance standards. During the monitoring visit, the project biologist would count plants and estimate vegetative cover in the sample plots, and take photos to document the health of the mitigation area (assumes up to 4 hours for two staff, for a total of 8 staff -hours) • Performance Monitoring Report: After completion of the monitoring site visit, Raedeke Associates, Inc. will prepare a technical memorandum to serve as documentation of the existing conditions for the site. This report will include data collected in the mitigation areas, a color photo -plate depicting the mitigation site, and graphics showing the general configuration of the mitigation site and its plantings. The cost estimate includes one round of review and revision (up to 1 staff -hour) in response to city comments. Raedeke Associates, Inc. May 18, 2023 Professional Services Agreement— Scope of Services Page 3 City of Tukwila — Mitigation Site Monitoring 2023-032-001,002,003,004 • Project Coordination and Administration: This task includes correspondence and coordination with the City of Tukwila or their consultants with regard to scheduling and information acquisition for the project and to provide in-house administration as necessary during the course of the project (assumes up to 1 staff -hours). • Project Expenses: Project expenses include costs for travel, mileage, photocopies, reprographics, courier services and other supplies. ESTIMATED COST: $10,400.00 Raedeke Associates, Inc. May 18, 2023 Professional Services Agreement— Scope of Services Page 4 City of Tukwila — Mitigation Site Monitoring 2023-032-001,002,003,004 Scope of Services for Professional Services Agreement ATTACHMENT 3 City of Tukwila — Mitigation Site Monitoring — Phase 003 Interurban Avenue Improvements RAI No. 2023-032-003 PROJECT SUMMARY This Agreement authorizes Raedeke Associates, Inc. to prepare a new mitigation plan for the Interurban Avenue Improvements site and to provide oversight during construction activities. SCOPE OF WORK • Project Initiation and Background Review: This task includes initial coordination with the City of Tukwila and review of background information, including available reference maps and documents from regulatory or resource agencies, including information on wetlands, streams, and soils. We will utilize information and documents provided by the City. • Field Evaluation: We will utilize previously collected information on vegetation, soils, and hydrology to support our findings, as well as other notes and supplemental aerial imagery pertinent to making a determination of wetland and buffer extent. Upon review of this information, we will perform site visits to gather additional data and evaluate the extent of wetlands and buffers, and to identify deficiencies from permit performance standards. This task assumes up to 4 -staff hours. • Summary Memo: This task involves preparation of a technical memorandum summarizing the conditions at the site. The report is intended to provide the City of Tukwila with a preliminary understanding of status of the mitigation site relative to the goals and objectives of the mitigation effort. • Mitigation Plan: This task involves preparation of new mitigation plans created in CAD, if necessary (assumes up to 5 staff -hours). • Construction Site Visits: This task includes site visits for pre -construction and mid - construction meetings to coordinate with the City and their contractors, and inspect to confirm the mitigation site is being constructed per the approved new plans (assumes up to 8 staff - hours). • Performance Monitoring: The project biologist would conduct a site visit during August or September to document existing site conditions, including plant survival, health, and invasive species presence, and to determine if the site is meeting the required performance standards. During the monitoring visit, the project biologist would count plants and estimate vegetative cover in the sample plots, and take photos to document the health of the mitigation area (assumes up to 4 hours for two staff, for a total of 8 staff -hours) • Performance Monitoring Report: After completion of the monitoring site visit, Raedeke Associates, Inc. will prepare a technical memorandum to serve as documentation of the existing conditions for the site. This report will include data collected in the mitigation areas, a color photo -plate depicting the mitigation site, and graphics showing the general configuration of the mitigation site and its plantings. The cost estimate includes one round of review and revision (up to 1 staff -hour) in response to city comments. Raedeke Associates, Inc. May 18, 2023 Professional Services Agreement— Scope of Services Page 5 City of Tukwila — Mitigation Site Monitoring 2023-032-001,002,003,004 • Project Coordination and Administration: This task includes correspondence and coordination with the City of Tukwila or their consultants with regard to scheduling and information acquisition for the project and to provide in-house administration as necessary during the course of the project (assumes up to 1 staff -hours). • Project Expenses: Project expenses include costs for travel, mileage, photocopies, reprographics, courier services and other supplies. ESTIMATED COST: $5,400.00 Raedeke Associates, Inc. May 18, 2023 Professional Services Agreement— Scope of Services Page 6 City of Tukwila — Mitigation Site Monitoring 2023-032-001,002,003,004 Scope of Services for Professional Services Agreement ATTACHMENT 4 City of Tukwila — Mitigation Site Monitoring — Phase 004 42nd Avenue South Phase III RAI No. 2023-032-004 PROJECT SUMMARY This Agreement authorizes Raedeke Associates, Inc. to prepare a new mitigation plan for the 42nd Avenue South Phase 111 site and to provide oversight during construction activities. SCOPE OF WORK • Project Initiation and Background Review: This task includes initial coordination with the City of Tukwila and review of background information, including available reference maps and documents from regulatory or resource agencies, including information on wetlands, streams, and soils. We will utilize information and documents provided by the City. • Field Evaluation: We will utilize previously collected information on vegetation, soils, and hydrology to support our findings, as well as other notes and supplemental aerial imagery pertinent to making a determination of wetland and buffer extent. Upon review of this information, we will perform site visits to gather additional data and evaluate the extent of wetlands and buffers, and to identify deficiencies from permit performance standards. This task assumes up to 4 -staff hours. • Summary Memo: This task involves preparation of a technical memorandum summarizing the conditions at the site. The report is intended to provide the City of Tukwila with a preliminary understanding of status of the mitigation site relative to the goals and objectives of the mitigation effort. • Mitigation Plan: This task involves preparation of new mitigation plans created in CAD, if necessary (assumes up to 10 staff -hours). • Construction Site Visits: This task includes site visits for pre -construction and mid - construction meetings to coordinate with the City and their contractors, and inspect to confirm the mitigation site is being constructed per the approved new plans (assumes up to 8 staff - hours). • Performance Monitoring: The project biologist would conduct a site visit during August or September to document existing site conditions, including plant survival, health, and invasive species presence, and to determine if the site is meeting the required performance standards. During the monitoring visit, the project biologist would count plants and estimate vegetative cover in the sample plots, and take photos to document the health of the mitigation area (assumes up to 4 hours for two staff, for a total of 8 staff -hours) • Performance Monitoring Report: After completion of the monitoring site visit, Raedeke Associates, Inc. will prepare a technical memorandum to serve as documentation of the existing conditions for the site. This report will include data collected in the mitigation areas, a color photo -plate depicting the mitigation site, and graphics showing the general configuration of the mitigation site and its plantings. The cost estimate includes one round of review and revision (up to 1 staff -hour) in response to city comments. Raedeke Associates, Inc. May 18, 2023 Professional Services Agreement— Scope of Services Page 1 City of Tukwila — Mitigation Site Monitoring 2023-032-001,002,003,004 • Project Coordination and Administration: This task includes correspondence and coordination with the City of Tukwila or their consultants with regard to scheduling and information acquisition for the project and to provide in-house administration as necessary during the course of the project (assumes up to 1 staff -hours). • Project Expenses: Project expenses include costs for travel, mileage, photocopies, reprographics, courier services and other supplies. ESTIMATED COST: $10,400.00 Raedeke Associates, Inc. May 18, 2023 Professional Services Agreement— Scope of Services Page 2 City of Tukwila — Mitigation Site Monitoring 2023-032-001,002,003,004 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Wetland & Environmental Mitigation Project No. Varies DESCRIPTION: Provide annual maintenance of wetland, stream, or other environmental mitigation commitments until accepted by the permitting agency. JUSTIFICATION: Some capital improvement projects have been approved contingent upon environmental mitigation requirements. Examples include: wetlands and streams. STATUS: Annual work is required to prepare mitigation reports and provide the necessary mitigation maintenance that in-house staff is unable to do in addition to their normal workload. MAINT. IMPACT: Significant annual weeding, plant replacement, and preparation of monitoring reports is required. Ongoing projects, only previous year shown in 2019. S 180th St Grade Separation wetland mitigation COMMENT: completed. Southcenter Pkwy Extension wetland and stream mitigation started in 2013. TUC Ped/Bridge & 42nd Ave S mitigation to start in 2019 with required minimum 5 year monitoring and maintenance. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 0 Land (RNV) 0 Const. Mgmt. 0 Repairs & Maintenance 60 70 70 70 70 70 70 480 TOTAL EXPENSES 0 0 60 70 70 70 70 70 70 480 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Proposed Mitigation 0 104 Fund Balance 0 0 60 70 70 70 70 70 70 480 TOTAL SOURCES 0 0 60 70 70 70 70 70 70 480 16 2023 - 2028 Capital Improvement Program