HomeMy WebLinkAbout23-191 - OTAK, Inc - Engineering and Design Services: Gilliam Creek Fish Barrier Removal and Habitat Enhancement
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City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 23-191(a)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and Otak, Inc.
That portion of Contract No. 23-191 between the City of Tukwila and Otak, Inc. is hereby amended
as follows:
Section 3: Duration of Agreement; Time for Performance:,
The Consultant shall perform all services and provide all work product required pursuant to
this agreement no later than May 31st, 2024.
All other provisions of the contract shall remain in full force and effect.
Dated this 27th day of March , 20 24
CITY OF TUKWILA
EDocuSigned by:
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Thomas McLeod, Mayor 3/27/2024 1 12:56 PM PDT
ATTEST/AUTHENTICATED:
EDocuSigned by:
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Andy Youn, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
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--- 5E4.99C&41E5E4S2 ......... ......
Office of the City Attorney
CA Reviewed May 2020
CONTRACTOR:
By:
Printed Name: r.o-ss c
Title: °4'4
Page 1 of 1
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 23-191
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 OTAK, 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 engineering and
design services in connection with the project titled Gilliam Creek Fish Barrier Removal and
Habitat Enhancement.
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 March 31, 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 March 31, 2024 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 $39,500.00 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.
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 $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. 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 $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 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 less 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:
Otak
11241 Willow Rd NE, Suite 200
Redmond, WA 98052
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020
Page 4
DATED this 20th day of December , 20 23
CITY OF TUKWILA
DS
DocuSigned by:
1F89FF09132B402..
Allan Ekberg, Mayor
Attest/Authenticated:
�--DocuSigned by:
Sill0-1FLuba,Vill
88678483CB594E7...
City Clerk, Christy O'Flaherty
CA revised May 2020
CONSU
By:
Printed Name:
Title:
TANT
Approved as to Form:
DocuSigned by:
5E499CA4165E452...
Office of the City Attorney
Page 5
EXHIBIT A
SCOPE OF WORK
DESIGN/ENGINEERING SERVICES
City of Tukwila
Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project
OTAK Project No. 20610.002
December 2023
Introduction and Background
The City plans to develop fish passage improvements to Gilliam Creek at the confluence of Gilliam Creek and the
Green River at River Mile (RM) 12.5. The site extends approximately 675 feet upstream along Gilliam Creek. The
project will remove fish barriers and restore fish access to Gilliam Creek while maintaining or improving existing
flood protection. This project will restore access and shoreline habitat as part of a watershed -wide effort to restore
ESA -listed Chinook salmon and will be designed to allow juvenile fish access between the creek and the river,
which are tidally influenced. Habitat enhancements will occur both upstream and downstream of the existing
culvert. The project will also 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 local
roads, 1-405, regional and local utilities and commercial land use.
Otak previously worked on a contract with the City to conduct an alternatives analysis. The scope discussed in
this document is to advance work products developed previously, prepare documentation to discuss work
completed thus far and next steps, and develop scope for the next phase of work in coordination with the City.
This work is anticipated to be completed by the end of March 2024. The task numbering in this scope was
developed to match the task numbering from the previous contract for continuity in project management.
The Scope of Services is described in detail in the following sections.
1.0 Project Management and Coordination
1.1 Coordination with City
Otak will coordinate with the City of Tukwila on a regular basis by phone and email to keep the City's project
manager informed about project progress, project issues and schedule. Otak will assist in scheduling project
related meetings, reviews, and other coordination activities needed to keep the project moving forward. Regular
communication with the City will occur on a bi-weekly basis, and a status report will be provided to the City after
each meeting summarizing the status of action items and deliverables. This task will also include coordination
with the City about next phases of work including development of work descriptions and scopes of services. Next
phases of work to be discussed and defined with the City are anticipated to include:
1. Flood Study to Evaluate Impacts of Project on Flooding in Southcenter Region
2. Flood Gate System Alternatives Assessment
3. Habitat Enhancement Limiting Factors and Considerations Study
4. Engagement with Stakeholders and Public Outreach
5. Upstream Inlet Erosion, Scour and Bank Protection
Otak — Scope of Work
6. Determination of the Preferred Alternative
7. Design of Preferred Alternative
8. Permitting of Preferred Alternative
1.4 Project Monitoring and Reporting
Project monitoring and reporting will include the coordination of design team members, internal project
scheduling, and the preparation of a monthly progress report and a monthly billing statement.
TASK 1 DELIVERABLES
• Bi -weekly project reports submitted to the City by email (electronic PDF file format)
• Monthly progress report and monthly invoice
TASK 1 ASSUMPTIONS
• The duration for this phase of the project is assumed not to extend beyond March 31, 2024.
2.0 Intake Review
This task was completed under the previous contract.
3.0 Environmental/Permitting Support
3.1 Wetland and Stream Delineation and Habitat Assessment Report
Under the previous contract, Otak conducted a wetland and stream delineations and stream habitat assessment
within the identified project area from the Green River to the next culvert upstream of and west of 66th Avenue
South. As a part of this scope, Otak will finalize the memorandum to document the field assessment. This
memorandum will be attached as an appendix in the Alternatives Analysis Report described under Tak 6.0.
3.2 Preliminary Permitting and Environmental Review Memorandum
Under a previous contract, Otak began assessment of the permitting pathway for the Gilliam Creek alternative
solutions. Under this contract, Otak will prepare a Preliminary Permitting and Environmental Review
Memorandum (PERM) based on the preliminary design for the project which includes several alternatives. The
Preliminary PERM will include a summary of existing conditions and describe anticipated impacts to regulated
environmental areas. A regulatory compliance and permit strategy for local, state, and federal agencies will be
developed to authorize future construction. The PERM will address scheduling implications and assess mitigation
needs based on project impacts for mitigation planning prior to submitting applications. The PERM will also
address strategies for compliance with the Endangered Species Act, Magnusson Stevens Fisheries Act, and
Section 106 of the National Historic Preservation Act. Potential for a Fish Habitat Enhancement Project
designation will be evaluated. This preliminary memorandum will be attached as an appendix in the Alternatives
Analysis Report described under Task 6.0 and will be finalized under future phases of work.
3.3 Impacts Assessment for Mitigation Planning
Otak will prepare an outline for a preliminary impacts assessment for a conceptual mitigation/restoration plan to
satisfy regulatory requirements regarding no net loss of resource functions for a future preferred alternative. The
outline will be attached as an appendix in the Alternatives Analysis Report described under Task 6.0. The
conceptual mitigation/restoration plan will be completed in a future phase after the preferred alternative has been
selected.
Otak — Scope of Work
3.4 Geomorphic Assessment
Under a previous contract, Otak conducted a desktop review and field geomorphic assessment of the Gilliam
Creek project reach. Under this scope, Otak will prepare a Geomorphic Assessment Memorandum to document
the assessment. A bankfull width assessment will be included in the Geomorphic Assessment Memorandum. This
memorandum will be attached as an appendix in the Alternatives Analysis Report described under Task 6.0.
TASK 3 DELIVERABLES
• Wetland and Stream Delineation and Habitat Assessment Report (Draft and Final, electronic PDF file format)
• Preliminary Permitting and Environmental Review Memorandum (Draft and Final, electronic PDF file format)
• Impacts Assessment for Mitigation Planning Memorandum Outline (Draft, electronic PDF file format)
• Geomorphic Assessment Memorandum (Final, electronic PDF file format)
TASK 3 ASSUMPTIONS
• City will provide one list of consolidated comments on the draft Alternatives Analysis Report that will include
the deliverables under Task 3. Comments for all the deliverables will be addressed and incorporated into the
final Alternatives Analysis Report.
• A final Critical Areas Report (CAR) per TMC 18.45.040 with baseline conditions, project impacts, and
mitigation plan will not be completed as a part of this scope since this would be completed closer to 60
percent design.
• Documentation for compliance with the Endangered Species Act is not included in this Scope of Services.
• A SEPA Checklist for SEPA compliance is not included in this Scope of Services.
• The JARPA form or figures preparation is not included in this Scope of Services.
• This task assumes one round of review comments by the City for all the Task 3 deliverables.
• A mitigation plan for permit applications is not included in this Scope of Services.
4.0 Topographic Survey and Basemap
This task was completed under the previous contract.
5.0 Hydrology and Hydraulics
5.1 Hydrologic Analyses
A simplified hydrologic analysis was performed under the previous contract.
5.2 Hydrologic Documentation
Otak will prepare documentation for the hydrologic analyses that was performed under the previous contract. The
hydrologic documentation will be developed as a section titled Hydraulics and Hydrology in the Alternatives
Analysis Report under Task 6.0.
5.3 Hydraulic Modeling
A simplified hydraulic analysis was conducted under the previous contract to compare the relative differences
between alternatives.
Otak — Scope of Work
5.4 Hydraulic Documentation
Otak will prepare hydraulic documentation that summarizes the findings and conclusions from the hydrologic and
hydraulic analysis under the previous contract. The information will be incorporated into a section titled Hydraulics
and Hydrology in the Alternatives Analysis Report under Task 6.0 The section will summarize the following topics:
• Summary of Information Reviewed
• Site constraints
• Hydrologic Modeling Methodology
• Annual peak flow analysis for return periods ranging from the 2 -year to the 500 -year.
• Brief Description of Alternatives Analyzed
• Hydraulic Modeling Methodology
• Takeaways from Hydraulic Analysis of Alternatives
• Elements of Future Hydrologic and Hydraulic Analysis for Design Development
6.0 Alternatives Analysis
This task will include preparation of report documentation of the alternatives analysis that was performed under
the previous contract. An Alternatives Analysis Report will be developed with the following outline:
• Introduction and Project Goals
• Natural Conditions and Fish Use in the Green River Context
• Site Constraints
• Stakeholder Engagement
• Design Criteria
• Summary of Previous Work Completed
• Brief Description of Alternatives Developed
• Conceptual Drawings and Costs
• Hydrology and Hydraulics (described under Task 5.2 and 5.4)
• Alternatives Matrix
• Recommendations
• Next Steps
TASK 6 DELIVERABLES
• Alternatives Analysis Report (Draft and Final, electronic PDF file format)
TASK 6 ASSUMPTIONS
• City will provide one list of consolidated comments on the draft Alternatives Analysis Report. Comments will
be addressed and incorporated into the final Alternatives Analysis Report.
7.0 Geotechnical Services (Landau Associates, Inc.)
Geotechnical field assessment and a draft Preliminary Geotechnical Assessment report was prepared under the
previous contract. The Preliminary Geotechnical Assessment will be finalized under this contract. This
assessment will be included as an appendix to the Alternatives Analysis Report in Task 6.0.
Otak — Scope of Work
8.0 Utility Coordination
This task was completed under the previous contract. Findings regarding utilities from the previous contract will
be documented under the Site Constraints section in the Alternatives Analysis Report in Task 6.0.
9.0 Stakeholder Engagement
9.2 Agency and Stakeholder Coordination
At the City's request, Otak supported the City in coordination with agencies, tribal representatives, and
stakeholders to address project designs and respond to comments. Key takeaways from the stakeholder
engagement under the previous contract will be briefly described in the "Stakeholder Engagement" section of the
Alternatives Analysis Report under Task 6.0. If requested by the City, Otak will provide project estimates and
descriptions for City led engagement with potential stakeholders.
Direct Expenses
Direct expenses to be submitted for reimbursement include:
• Mileage/Travel for site investigations and meetings
• Other Misc. Expenses
Otak — Scope of Work
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Description
Project Management and Coordination
Coordination with City
Project Monitoring and Reporting
Environmental/Permitting Support
Wetland and Stream Delineation and Habitat
Assessment Report
Preliminary Permitting and Environmental Review
Memorandum
Impacts Assessment Outline
Geomorphic Assessment
Hydrology and Hydraulics
Alternatives Analysis
Alternatives Analysis Report
Geotechnical Services (Sub -Landau Associates,
Inc.)
Phase 1 Geotechnical Investigation
Stakeholder Engagement
Agency and Stakeholder Coordination
Total Hours
Current Billing Rate
Annualized Billing Rate
Total Labor Cost
Management Reserve
Direct Expenses
Project Total
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Billing rates may vary based on the actual staff performing the work.
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