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HomeMy WebLinkAboutReg 2024-07-01 Item 5D - Contract - Gilliam Creek Fish Barrier Removal and Habitat Enhancement Design with Otak Inc for $398,200COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's revien' Council review 07/01/24 GL ITEM INFORMATION ITEM No. 5.D. STAFF SPONSOR: JOSH HOPKINS ORIGINAL AGENDA DATE: 07/01/24 AGENDA ITEM TITLE Gilliam Creek Fish Barrier Removal and Habitat Enhancement Additional Design and Engineering Services CATEGORY ❑ Discussion Mtg Date II Motion Mtg Date 07-01-24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor HR ❑DCD Finance Fire TS P&R ❑Police 11PJV ❑Court SPONSOR'S The Gilliam Creek Fish Barrier Removal and Habitat Enhancement project was established SUMMARY as a City CIP project in 2019. A contract amendment authorizing additional budget authority was reviewed at the 5/21 T&I committee and subsequently approved on the 6/3 Consent Agenda. This is being brought forward as new contract due to the expiration of the previously approved amendment. REVIEWED BY 0 ❑ Trans&Infrastructure I I CommunitySvs/Safety Finance Comm. ❑ Planning/Economic Dev. LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 05/21/24 COMMITTEE CHAIR: ARMEN PAPYAN RECOMMENDATIONS: SPONsoR/ADMIN. Public Works Department COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDTTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $402,934.42 $1,350,000.00 $0.00 Fund Source: RCO AND KING COUNTY GRANTS Comments: OP 2023-2028, Pg 81 MTG. DATE RECORD OF COUNCIL ACTION 07/01/24 MTG. DATE ATTACHMENTS 07/01/24 Updated Informational Memorandum dated 06/28/24 Informational Memorandum dated 05/7/24 CIP 2023-2028, Pg 81 Otak Updated Scope and LOE Minutes from Transportation and Infrastructure Committee meeting of 05/21/24 15 16 TO: FROM: BY: CC: DATE: SUBJECT: City of Tukwila Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM City Council Pete Mayer, Interim Public Works Director/Deputy City Administrator Joshua Hopkins, Surface Water Project Manager Mayor Thomas McLeod June 28, 2024 Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project No. 99830105 Additional Design and Engineering Services ISSUE Approve a new contract with Otak for additional design and engineering services. BACKGROUND The Gilliam Creek Fish Barrier Removal and Habitat Enhancement project was established as a City CIP project in 2019, it is a priority project with Water Resource Inventory (WRIA) 9 and the Salmon Recovery Fund Board. The goals of the project are to restore fish passage between Gilliam Creek and the Green River, enhance habitat, and maintain or improve flood protection and maintenance and operation of the tide gate system. ANALYSIS This contract was previously approved as an amendment to contract 23-191 by Council at the 5/21 Transportation and Infrastructure Services Committee and subsequent 6/3 Consent Agenda. However, due to Memorial Day and the subsequent change in the meeting cadence, the previous contract expired and the amendment could not be validly executed. The new proposed contract combines the previous budget authority approved by Council in conjunction with the remaining balance of the now - expired contract. This contract amendment will include flood gate system assessment, preliminary flood study, habitat enhancement design development, and design and permitting services to stabilize erosion at the culvert inlet incurred this past winter. FISCAL IMPACT Otak has provided a cost estimate not to exceed $402,934.42 to perform additional engineering services. Total grant funding for this design work is $1,350,000.00. Otak Contract 22-068 (original) Otak Contract 23-191 * New Contract Grants Total: Consultant $330,622.00 $39,500.00 $402,934.42 $773,056.42 Budget $1,350,000.00 $1,350,000.00 * = Amendment 2 was to this contract was previously approved for $398,200 the contract expired before it could be executed. RECOMMENDATION Council is being asked to approve a contract with Otak for additional design and engineering services in the amount of $402,934.42 and to consider this item on the Consent Agenda at the July 1, 2024, Regular Council Meeting. Attachments: CIP 2023-2028 Otak Scope and LOE 17 18 TO: FROM: BY: CC: DATE: SUBJECT: City of Tukwila Public Works Department - Hari P nnck cnti, Director/City Engineer Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Transportation and Infrastructure Committee Hari Ponnekanti, Public Works Director Joshua Hopkins, Surface Water Project Manager Mayor Thomas McLeod May 7, 2024 Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project No. 99830105, Contract No. 23-191 Amendment No. 2 Additional Design and Engineering Services ISSUE Approve amendment No. 2 to Contract No. 23-191 with Otak for additional design and engineering services. BACKGROUND The Gilliam Creek Fish Barrier Removal and Habitat Enhancement project was established as a City CIP project in 2019, it is a priority project with Water Resource Inventory (WRIA) 9 and the Salmon Recovery Fund Board. The goals of the project are to restore fish passage between Gilliam Creek and the Green River, enhance habitat, and maintain or improve flood protection and maintenance and operation of the tide gate system. ANALYSIS This contract amendment will include flood gate system assessment, preliminary flood study, habitat enhancement design development, and design and permitting services to stabilize erosion at the culvert inlet incurred this past winter. FISCAL IMPACT Otak has provided a cost estimate not to exceed $398,200.00 to perform additional engineering services. Total funding for contract 22-068/23-191 is $1,350,000.00. Otak Contract 22-068 (original) Otak Contract 23-191 * Amendment No. 2 Grants Total: Consultant $330,622.00 ($39,500.00) $398,200.00 $728,822.00 Budget $1,350,000.00 $1,350,000.00 * = Contract amount is the balance remaining in expired contract 22-068. Amendment No. 1 was a no cost time extension. RECOMMENDATION Council is being asked to approve Amendment No. 2 to Contract 23-191 with Otak for additional design and engineering services in the amount of $398,200 and to consider this item on the Consent Agenda at the June 3, 2024, Regular Council Meeting. Attachments: CIP 2023-2028, Pg 81 Otak Scope and LOE 19 20 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Gilliam Creek Fish Barrier Removal Project No. 99830105 DESCRIPTION: Construct fish passage improvements at existing flap gate and restore salmonid habitat; replace flap gate which may include a self-regulating tide gate or flood wall. JUSTIFICATION: Enable fish access to lower Gilliam Creek under wider range of flow conditions; fish barrier per WDFW and City; WRIA 9 salmon habitat project. STATUS: Analysis of lower Gilliam Creek is being conducted in 2018 to determine the best solution for fish passage and to address potential flooding. MAINT. IMPACT: Likely a shift in maintenance commitments with potential elimination of flapgate maintenance. COMMENT: In 2020, SRFB listed as Project of Concern, WRIA pulling funding from this cycle; BA Fish Barrier Board - scored 63 of 94; outcomes yet to be determined; $100K allocated in CWM via WRIA 9. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 60 150 600 650 1,460 Land (R/W) 0 Monitoring 0 Const. Mgmt. 1,000 1000 Construction 7,500 7,500 TOTAL EXPENSES 60 150 600 650 8,500 - - 0 0 9,960 FUND SOURCES Awarded Grant 150 325 375 850 Proposed Grant 275 275 6,800 - 7,350 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 60 0 0 0 1700 - - 0 0 1,760 TOTAL SOURCES 60 150 600 650 8,500 - 0 0 0 9,960 Project Location 2023 - 2028 Capital Improvement Program ® ,M 81 21 22 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 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 June 1, 2024 and ending June 30, 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 June 30, 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 $402,934.42 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. 23 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 24 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 25 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 26 Page 4 DATED this day of , 20 ** City signatures to be obtained by ** Consultant signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney CONSULTANT: By: Printed Name: Title: CA revised May 2020 Page 5 27 EXHIBIT A SCOPE OF WORK DESIGN/ENGINEERING SERVICES City of Tukwila Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project OTAK Project No. 20610.003 May 2024 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. The task numbering in this scope was developed to match the task numbering from the previous contract for continuity in project management. The City has received initial feedback from project stakeholders and has applied for additional grant funds for implementation of the project. The City will continue with stakeholder coordination and providing information to the public regarding the project progress. There are technical elements of the conceptual design that require further analysis to determine feasibility and the preferred approach. During conceptual design for the existing culvert replacement, significant erosion has occurred during storm events around the existing culvert inlet. The existing culvert inlet requires stabilization measures to withstand further storm events and protect the roadway embankment prior to implementation of the future culvert replacement project. 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 Otak — Scope of Work 28 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. Habitat Enhancement Limiting Factors and Considerations Study 2. Engagement with Stakeholders and Public Outreach 3. Determination of the Preferred Alternative 4. Design of Preferred Alternative 5. 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 (electronic PDF file format) TASK 1 ASSUMPTIONS • The duration for this phase of the project is assumed not to extend beyond June 30, 2025. 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 This task was completed under the previous contract. 3.2 Preliminary Permitting and Environmental Review Memorandum This task was completed under the previous contract. 3.4 Geomorphic Assessment This task was completed under the previous contract. 4.0 Topographic Survey and Basemap 4.1 Supplemental Topographic Surveying and Mapping of Culvert Inlet Erosion Otak previously provided topographic survey of the project area under a separate contract in 2022. After the initial survey, significant erosion occurred around the inlet of the Gilliam Creek culvert at 66th Ave. S. Under this contract, Otak will provide supplemental topographic survey and will update the electronic basemap to reflect the current conditions around the culvert inlet. The extents of supplemental survey to capture the recent scour are estimated at 20-feet to the west, 30-feet to the north and south, and 30-feet to the east of the existing culvert inlet. The topographic survey requirements include the following: ■ Vertical Datum: NAVD 88 ■ Horizontal Datum: State Plane Coordinates (Washington North Zone, NAD 83/91 adjustment) ■ Contours at a maximum interval of 1' Otak — Scope of Work 29 ■ TIN surface ■ Surface features: ■ Top/Toe of slopes ■ Channel thalweg ■ Top of bank ■ Toe of bank ■ Culvert invert elevations ■ Vegetation including trees, shrubs, fallen trees in stream over 8-inches in diameter ■ Boulders or rocks in the stream greater than 12" across ■ Rock scour protection limits in place around culvert inlet Mapping shall be consistent with City of Tukwila Infrastructure Design and Construction standards. TASK 4 DELIVERABLES ■ Updated Topographic Base Map (Scale 1" = 20 feet) with one -foot contour intervals (AutoCAD DWG file format) TASK 4 ASSUMPTIONS ■ Traffic control will not be required for culvert inlet supplemental survey which is outside of the roadway. ■ If required, the City will obtain right -of -entry for the parcels for the area of survey. 5.0 Hydrology and Hydraulics 5.1 Hydrologic Analyses A simplified hydrologic analysis was performed under the previous contract to compare the relative differences between alternatives. 5.2 Hydrologic Documentation Documentation for the hydrologic analysis performed under Task 5.1 was completed under the previous contract. 5.3 Hydraulic Modeling A simplified hydraulic analysis was conducted under the previous contract to compare the relative differences between alternatives. 5.4 Hydraulic Documentation Documentation for the hydraulic modeling performed under Task 5.3 was completed under the previous contract. 5.5 Gilliam Creek Flap Gate Replacement Preliminary Flood Study - Existing Conditions Under this task, the preliminary existing conditions model will be developed to estimate the baseline for existing flooding in the Southcenter area. It is expected the final flood study for basis of design for the Gilliam Creek project will be added under a contract amendment. Otak — Scope of Work 30 The preliminary existing conditions hydraulic model will be based on the unsteady HEC-RAS hydraulic model of the study area developed in 2015 for the first phase of the levee accreditation process (developed by Northwest Hydraulic Consultants [NHC]). The portion of the NHC model associated with the project covers roughly 1,150 acres from I-5 on the west to the Green River on the east and from 1-405 on the north to about 1,500 feet north of S 200th St on the south. The storm and surface water system in the Southcenter area is complex and includes Tukwila Pond, P17 Pond, closed pipes, open channels, slide gates, flap gates, three publicly operated stormwater pump stations, and outfalls to both the Green River and Gilliam Creek, which will be simulated in the preliminary existing conditions model. Under this task, Otak will provide the following services: • Conduct desktop analysis of hydrologic and hydraulic information available in the NHC model, City GIS, and system operation manuals to identify re -usable information and data needs. • Convert NHC unsteady 1 D HEC-RAS model to HSPF-SWMM • Survey up to 10 critical inverts if needed and update model with that information • Calibrate HSPF-SWMMM at existing Gilliam flapgate to represent impact of existing gate on flow backup in Giliam Creek • Calibrate HSPF-SWMM model with 1 D HEC-RAS model by checking result at up to 5 critical nodes (with one being just upstream of the existing 108" diameter pipe) by o Comparing plots of water surface elevation over a sample year o Compare plots of water surface elevations for 3 peak event hydrographs o Prepare 3 simple GIS figures of the Southcenter mall area showing locations of flooding for the three peak events to obtain confirmation from City staff that the flooding conditions are similar to what has been observed in the field • Attend three meetings with City maintenance staff to review results of existing flooding conditions and to discuss the existing manual slide gate configuration that will be simulated in the model. • Prepare a memorandum that documents issues encountered while converting the model prepared by others, assumptions and methodology used for developing and calibrating the existing conditions model. The memo will also recommend the next steps for advancing the flood study work in support of the Gilliam Creek Fish Barrier Removal and Habitat Enhancement project including listing considerations, limiting factors and opportunities for modification of Southcenter drainage features or the Gilliam Creek flood gate that are identified while preparing the preliminary existing conditions model. TASK 5.5 DELIVERABLES • Preliminary Gilliam Creek Flap Gate Replacement Flood Study — Existing Conditions Memorandum (Draft and Final, electronic PDF file format) • HSPF-SWMM Electronic Model TASK 5.5 ASSUMPTIONS • Hydraulic modeling of solution alternatives and proposed conditions will be completed in a future phase of work 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 Otak — Scope of Work 31 • 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 6.0 DELIVERABLES • Alternatives Analysis Report (Draft and Final, electronic PDF file format) TASK 6.0 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. 6.3 Flood Gate System Assessment 6.3.1 Feasibility Study Otak will identify a subconsultant with expertise in hydraulically powered gates. Through discussions with the subconsultant and online research Otak will identify and evaluate available flood -gate systems and technologies that could be applied for flood protection and fish passage at the Gilliam Creek site. Otak will reach out to up to five flood -gate system manufacturers via email with conceptual drawings and follow up with a phone call to discuss the applicability of their product and obtain cost information. Otak will evaluate and compare between the different gate systems including the side -hinge tide gate technology currently proposed in the Alternatives Analysis based on criteria such as technical feasibility to provide flood protection and fish passage, operations, cost and maintenance among others. Evaluation and comparison of the gate systems will be in coordination with the subconsultant. Otak will conduct up to two meetings with the City to review findings and a memo will be prepared to summarize the findings on feasible gate technologies. When a subconsultant is identified to be added to the project team and approved by the City, a request will be made to utilize management reserve funds for advancing the study with a subconsultant partner. TASK 6.3.1 DELIVERABLES • Flood Gate System Feasibility- Preliminary Memorandum of Findings (Outline and Draft, electronic Word .docx file format) 7.0 Geotechnical Services 7.2 Culvert Inlet Erosion Repair Geotechnical Design Review (Sub-HWA Geosciences) A geotechnical subconsultant, HWA GeoSciences (HWA), will provide consultation to the design team including reviewing the plans and specifications. HWA will conduct a review of the plans at the 60% design level and a review of the plans and specifications at the 90% design level. Otak — Scope of Work 32 TASK 7.2 DELIVERABLES • Comments on 60% Design Plans (electronic pdf) • Comments on 90% Design Plans (electronic pdf) • Comments on 90% Specifications (electronic pdf) 9.0 Stakeholder Engagement 9.3 Project Planning Workshops 9.3.1 Kickoff and Ongoing Coordination The Otak Team will kick off the project with the City team and provide ongoing coordination during the collaborative study process. Subtasks will include: • Kick off meeting to discuss the overall purpose of this phase of collaborative study, study timeline, and desired outcomes, and to confirm all products to be delivered. • Prepare a task work plan and schedule. TASK 9.3.1 DELIVERABLES: • Kick -Off Meeting Agendas and Notes • Work Plan/Schedule for this Task • File Sharing Internet Site Maintenance • Summary of Relevant Background Information/Data to Guide the Collaborative Study Process 9.3.2 Collaborative Workshops/Study Sessions with City Staff (and Others as May Be Directed by City) The Otak Team will facilitate up to four two-hour collaborative workshops/study sessions with City staff and potentially involving other interests (subject matter experts, agency representatives, potential partners, tribes, and other interests) as directed by the City. For these workshop sessions, the Otak team will use collaborative interactive tools, such as in -person workshop facilitation/facilitated activities, as well as online programs such as Mentimeter and/or Mural to gather input and ideas. We will prepare agendas, presentations, hand-outs, and other materials for the workshops. We will carefully document discussions, decisions, and outcomes of each session. Following is a general description of the potential focus of each workshop session: Workshop 1: Framework for Evaluating Habitat Enhancement Based on Considerations, Limitations and Opportunities at Project Site The goal of this workshop is to build a framework for evaluation of habitat uplift based on considerations, limitations and opportunities at the project site. The framework will be based on the following studies and guiding documents, which will be reviewed by Otak • WRIA 9 Salmon Habitat Plan • WRIA 9 2021 Habitat Plan Update • King County Juvenile Chinook Use of Non -natal Tributaries in the Lower Green River Study • Lower Green River Corridor Flood Hazard Management Plan and levy upgrade planning documents • Juvenile Chinook Salmon Effectiveness Monitoring of Duwamish Shallow Water Restoration Sites • Lower Green River Corridor Flood Hazard Management Plan PEIS • Meta -analysis of Project Effectiveness Monitoring in Rivers within King County (2013-2019) • Scope Comments by the City Project Manager regarding natural debris loading in the stream system and the categories of habitat at the site: o (1) Confluence habitat o (2) Passage/Habitat Structure Otak — Scope of Work 33 34 Otak Exhibit B City of Tukwila - Gilliam Creek Fish Barrier Removal and Habitat Enhancement Fee Estimate Otak Project #020610.003 5/7/2024 WATER & NATURAL RESOURCES ENGINEERING ENVIRONMENTAL SCIENCES STRUCTURAL TRANSP & INFRASTRUCTURE PLANNING & LANDSCAPE SURVEY ADMIN Task Description Sr. PIC/Sr. PM Civil Civil Engineer X g Civil Engineer g Civil Engineer VI g Civil Engineer g Engineering Designer IV(Hydrologist)Scientist g Scientist VI VI Scientist 11 Civil Engineer g Civil Engineer g Engineering Tech IV Sr. PIC/Sr. PM LA/Mst Pin Landscape Architect IV Planner IV Professional Land Surveyor V Survey Crew Chief ll Survey Field Tech III Survey Office Tech IV Graphics Specialist p Project Coord I Otak Total Hours Otak Budget by Sub -Task Sub - HWA Geosciences Total Budget By Task 1 Project Management and Coordination $45,776.00 1.1 Coordination with City 4 80 80 20 184 $36,076.00 1.4 Project Monitoring and Reporting 20 40 60 $9,700.00 4 Topographic Survey and Basemap 4 1 Supplemental Topographic Surveying and Mapping of Culvert Inlet Erosion 2 2 12 12 6 34 $4,184.00 $4,184.00 5 Hydrology and Hydraulics 5.5 Gilliam Creek Flap Gate Replacement Preliminary Flood Study- Existing Conditions 12 20 32 140 80 170 2 8 8 4 492 $94,120.00 $94,120.00 6.0 Alternatives Analysis 5 16 4 25 $4,719.00 $4,719.00 6.3 Flood Gate System Assessment 6.3.1 Feasibility Study 2 20 60 40 12 134 $23,540.00 $23,540.00 7 Geotechnical Services 7 2 Culvert Inlet Erosion Repair Geotechnical Design Review 1 4 5 $915.00 $4,000.00 $4,915.00 9 Engagement with City Staff and Others 9.3 Project Planning Workshops $68,498.00 9.3.1 Kickoff and Ongoing Coordination 8 12 12 14 24 70 $13,668.00 9.3.2 Collaborative Workshops/Study Sessions with City Staff 8 32 50 20 16 24 30 80 24 16 300 $54,830.00 10 Culvert Inlet Erosion Repair Final Design 10.1 Final Design $93,436.00 10.1.1 30% Plans and Engineer's Estimate and Memo 8 36 80 6 8 4 30 172 $26,286.00 10.1.2 60% Design and Construction Documents 12 40 50 6 8 16 32 164 $25,810.00 10.1.3 90% Design and Construction Documents 16 50 80 8 16 24 194 $29,806.00 10.1.4 100% Construction Documents 10 32 20 8 70 $11,534.00 10.2 Permitting $33,195.00 10.2.1 Agency Meeting and Coordination 1 2 12 4 19 $3,533.00 10.2.2 Prepare JARPA Form and Figures 4 20 24 12 30 90 $13,518.00 10.2.3 ESA Compliance Documentation 16 40 56 $8,072.00 10.2.4 Shoreline Permit Exemption 8 24 32 $4,512.00 10.2.5 SEPA Compliance 8 16 24 $3,560.00 Total Hours 26 237 32 544 80 314 170 76 114 24 16 40 40 138 104 4 20 20 10 24 76 2,125 Current Billing Rate $344.00 $231.00 $231.00 $171.00 $183.00 $130.00 207.00 207.00 119.00 $231.00 $231.00 $116.00 $312.00 $144.00 $167.00 241.00 120.00 91.00 138.00 126.00 127.00 Total Labor Cost $8,944.00 $54,747.00 $7,392.00 $93,024.00 $14,640.00 $40,820.00 $35,190.00 $15,732.00 $13,566.00 $5,544.00 $3,696.00 $4,640.00 $12,480.00 $19,872.00 $17,368.00 $964.00 $2,400.00 $1,820.00 $1,380.00 $3,024.00 $9,652.00 $368,383.00 $30,000.00 $540.00 $4,000.00 $372,383.00 $30,000.00 $540.00 100 Management Reserve 050 Direct Expenses Project Total $402,930.00 Notes: (1) Billing rates may vary based on the actual staff performing the work. (ROUNDED) O:\PROJECT\20600\20610\O8 Corporate \ Contracts \Scoping\20610.003 New Contract\20610.003 GCFBR_LOE Page 1 of 1 6/20/2024 36 o (3) Upstream Habitat. The discussion will identify the decision criteria for making the project successful based on the framework developed. Workshop 2: Vision and Concepts —Based on the framework and decision criteria from Workshop 1, the team will collaborate on developing a vision statement and thoughts about initial concepts/options for design and further study. Workshop 3: Draft Concepts Review/Refinement—Otak will present a set of potential concepts based on discussion in Workshop 2 and then this workshop session will focus on review and refinement of the concepts for initial analysis. Otak will conduct initial analysis comparing the options to the criteria and bring that back to Workshop 4. Workshop 4: Preferred Path Ahead/Preferred Solution—Otak will present the initial analysis of concepts and the team will discuss the preferred option/preferred path ahead (could be a hybrid of options) to further analyze and illustrate. The team will discuss and define deliverables for development by Otak under other project tasks such as Task 6.0 Alternatives Analysis, Task 9.2 Agency and Stakeholder Coordination, and Task 9.4 Public Engagement Support. Future deliverables to be defined through the collaborative workshops are anticipated to include: o Visualization graphics (2-D and 3-D renderings) o Habitat Enhancement Considerations, Limitations and Opportunities Study o Habitat Enhancement Schematic Design Figures o Flood Gate System Technology Alternatives Assessment(based on workshops and Task 6.3) o GIS-based Storymap or other materials for website posting TASK 9.3.2 DELIVERABLES: • Workshop Agendas • Workshop Hand -Outs and Presentation Materials • Project Vision Statement • Project Goals, Performance Measures, and Decision Criteria • Up to three separate concepts for evaluation (illustrated and described conceptually) • Evaluation matrix results • Memorandum documenting decisions around the preferred direction/preferred solution and a list of deliverables for the next phase of work. 10.0 Culvert Inlet Erosion Repair Final Design 10.1 Final Design 10.1.1 30% Plans and Engineer's Estimate and Basis of Design Memo Otak will prepare conceptual plans that include the site layout and section details of the proposed erosion repair design. The 30-percent design will include the cover sheet, plan and profile, and typical cross sections. We assume that the concept plans will be prepared at the same scale as the final design plans. Included in the 30- percent design submittal will be a preliminary engineer's cost estimate. Otak will prepare a Basis of Design Memo describing the need to repair scour protection measures around the inlet of the existing culvert to minimize impacts to the environment, infrastructure and O&M safety. The memo will also i potential habitat enhancement measures that may be implemented with the erosion repair that could be considered incremental improvements contributing to the future long-term restoration project plans at the Gilliam Creek site. Otak — Scope of Work 37 TASK 10.1.1 DELIVERABLES • 30-percent Design Plans (electronic pdf) • Engineer's Cost Estimate (electronic pdf) • Basis of Design Memo (electronic pdf) 10.1.2 60% Construction Documents Otak will prepare an engineering design and plan set based on the 30-percent plans to a scale and layout appropriate for a construction plan set, address comments from the City's review of the 30-percent design, and revise the plans to represent a 60-percent level of detail. Accompanying the 60-percent plans will be a list of anticipated special provisions and an updated Engineer's cost estimate. The following is a preliminary drawing list: 1. Cover Sheet 2. Legend, Notes, and Abbreviations 3. Survey Control and Existing Condition Plan, Scale 1" = 20' 4. Temporary Erosion and Sediment Control and Stream Bypass Plan, Scale 1" = 10' 5. Stream Stabilization Plan and Profile, Scale 1" = 10' 6. Channel Cross Sections, Scale Varies 7. Stream Stabilization Details, Scale Varies 8. Construction Staging Plan and Details (if necessary), Scale Varies TASK 10.1.2 DELIVERABLES • 60% Design Plans (electronic pdf) • List of Special Provisions (electronic pdf) • Engineer's Construction Cost Estimate (electronic pdf) 10.1.3 90% Construction Documents Otak will advance plans developed at the 60% level and prepare 90% level plans for the inlet erosion repair. The 60% construction review comments will be addressed in the 90% plans, and comment responses will be prepared for the 60% review comments. TASK 10.1.3 DELIVERABLES • 90% Design Plans (electronic pdf) • 90% Special Provisions and Project Manual (electronic .doc and .pdf) • Engineer's Construction Cost Estimate (electronic pdf) 10.1.4 100% Construction Documents Otak will address the City's comments from the 90-percent design and the final design submittal will include ad - ready construction drawings, a final Engineer's cost estimate and project specifications including the bid schedule. TASK 10.1.4 DELIVERABLES • Final Design Plans (electronic pdf) • Special Provisions (Divisions 1-9) and Project Manual (electronic .doc and .pdf) • Engineer's Construction Cost Estimate/Bid Schedule (electronic pdf) Otak — Scope of Work 38 TASK 10.1 ASSUMPTIONS • The design concept identified as the preferred alternative in the inlet erosion assessment memo (prepared under separate contract) will be the design carried forward to the 30-percent design level with minimal changes. • Special Provisions will be based on the 2024 (or current) edition of the WSDOT Standard Specifications with the APWA supplement, current amendments, and City requirements. • The City will provide a set of current City General Special Provisions and City standard contract and bid forms to be used for preparation of the Project Manual. 10.2 Permitting for Inlet Erosion Repair 10.2.1 Pre -Application Meeting, Agency Meetings, and Permit Facilitation During preparation of permit applications and support documentation, Otak will organize and conduct a pre - application field meeting with all applicable City, State, and Federal resource and regulatory agency representatives necessary to assure that they have a solid understanding of the existing and proposed conditions for the project prior to receiving the JARPA package. Participants in the pre -application field meeting are anticipated to include agency staff from WDFW, Army Corps, City of Tukwila, relevant tribal biologists, and potentially WRIA 9 technical staff such as Chris Gregersen. After permit applications are submitted, Otak will coordinate with City staff to respond to comments, provide additional clarification, and assist with shepherding the permits through the process efficiently. TASK 10.2.1 ASSUMPTIONS: • A single pre -application field meeting, not to exceed two hours in duration, will be conducted under this task. Hours also include time for responding to agency comments following the meeting and preparing meeting minutes. 10.2.2 JARPA Form and Figures Otak will prepare a JARPA form and figure set for the project when the project reaches a 60-percent design stage. The JARPA and Wetland and Stream Report will be used to apply for and support a Washington State Department of Fish and Wildlife (WDFW) Hydraulic Project Approval (HPA). The JARPA and the Biological Evaluation will be used to obtain a Department of the Army (Section 404) Nationwide permit from the Corps of Engineers. Otak will review the Department of Archaeology and Historic Preservation's web database for known cultural or historical sites to support the application. A formal cultural resources report will not be prepared. TASK 10.2.2 ASSUMPTIONS: • The project will be permitted by the Army Corps of Engineers under one of the Nationwide Permits available (e.g., NWP #13). • The project will not require offsite compensatory wetland or stream mitigation. The project is intended to be self -mitigating through restoration of a native riparian plant community above the bank armoring. • The project will not require an individual Section 401 Water Quality Certification from Washington State Department of Ecology. • A Cultural Resources report, will not be required. • The City will pay for all required permit fees. Otak - Scope of Work 39 10.2.3 ESA Compliance Documentation Documentation necessary for compliance with the provisions of the Endangered Species Act will be prepared during preparation of and in coordination with the 60-percent design level plans. Otak will prepare a Biological Evaluation (BE) for the project per the USACE format. A BE will be prepared for the USACE's informal consultation with the National Marine Fisheries Services (NMFS) and US Fish and Wildlife Service (USFWS) for project impacts to ESA -listed species. Informal consultation with NMFS and USFWS is anticipated for this project because the stream and riparian impacts from the bank stabilization will be characterized as pre-existing as a result of previous stabilization efforts, and therefore will be considered not likely to adversely affect (NLAA) ESA listed species or their critical habitats. If agencies disagree with a NLAA effects determination then a biological assessment will need to be prepared under a separate scope of work for formal consultation with USFWS and NMFS. The BE will be submitted as part of the JARPA package for the 404/401 permit application to the USACE. TASK 10.2.3 ASSUMPTIONS • The project will result in a May Affect, Not Likely to Adversely Affect (NLAA) determination for ESA -listed fish species and designated critical habitat that may occur in the project action area. The project will result is No Effects determination for all other listed species occurring in King County. o As such, the project will not undergo formal consultation with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service (the Services). o The USACE and Services will concur that due to the eroding slope and erosion, previous bank armoring and slumping, and proposed bioengineered bank stabilization design, the project will have insignificant or discountable effects to designated critical habitat for Chinook salmon (Gilliam Creek). o Work area isolation and fish removal will be required. Fish removal will be conducted using herding methods and nets rather than handling (e.g., trapping and relocating). o The project will achieve ESA compliance utilizing the USACE Abbreviated Biological Evaluation for Informal ESA Consultation, or similar format. TASK 10.2.3 DELIVERABLES • Draft Biological Evaluation and one (1) electronic file (PDF format) • Final Biological Evaluation and one (1) electronic file (PDF format) 10.2.4 Prepare Shoreline Permit Exemption Application The project will require compliance with the City's critical areas (e.g., wetlands, streams and their buffers) regulations at TMC 18.45.100 (Watercourse Designations, Rating and Buffers), 18.45.150 (Fish and Wildlife Habitat Conservation Areas Designation, Mapping, Uses and Standards), floodplains, and shorelines per TMC 18.44 (Shoreline Overlay). Part of the project area is located within shoreline designation. Otak will complete a pre -application conference request with City staff in addition to the site meeting under Task 10.2.1, and the shoreline permit exemption application. The project is expected to be considered normal repair of existing structures/developments including repair of damage caused by elements (e.g., precipitation and stream flows). TASK 10.2.4 ASSUMPTIONS • Project will qualify for the Shoreline Permit Exemption. No net loss of shoreline ecological functions will still need to be achieved in accordance with the requirements of the Shoreline Exemption. Stabilizing the eroding bank and replating with native plants is expected to provide adequate mitigation for the proposed bank armoring. TASK 10.2.4 DELIVERABLES • Shoreline Exemption Application Otak — Scope of Work 40 • Floodplain Permit Application 10.2.5 SEPA Compliance The project will require compliance with the State Environmental Policy Act (SEPA). Otak will prepare a SEPA checklist for the project, with vicinity map and simple plan view appropriate for the general public, and will submit the checklist to the City for environmental review as the lead agency in the SEPA process. ASSUMPTIONS • The proposed project will result in a Determination of Non -Significance (DNS). • Preparation of a SEPA EIS is not included in this scope. DELIVERABLES • Draft and Final SEPA checklist with vicinity map and site plan, submitted to the City. 10.2.6 Prepare Critical Areas Report A Critical Areas Report (CAR) will be prepared for the permit applications to local, state, and federal agencies. The Wetland and Stream Delineation Report prepared under the previous scope of work will be amended to include a project description, impacts assessment, and proposed restoration of temporary impacts to result in no net loss of shoreline ecological functions. ASSUMPTIONS • Onsite restoration of temporary impacts using native plants will be adequate mitigation for project impacts to Gilliam Creek. DELIVERABLES • Draft and Final Critical Ares Report (PDF) Management Reserve If directed by the City, consultant will provide services needed to assist the City for unforeseen tasks related to this project that were not specifically addressed in this scope of work. When requested by the City, the consultant will provide a scope and budget for the task identified by the City. The consultant will not proceed with the task until written authorization has been provided by the City. The allotted amount for this task is $30,000.00. Direct Expenses Direct expenses to be submitted for reimbursement include: • Mileage/Travel for site investigations and meetings • Other Misc. Expenses Otak — Scope of Work 41 42 Transportation & Infrastructure Services Committee Minutes May21, 2024 F. Contract Amendment: Gilliam Creek Fish Barrier Removal and Habitat Enhancement Staff is seeking approval of Amendment No. 2 to Contract 23-191 with Otak in the amount of * $398,200 for additional engineering services. Committee Recommendation Unanimous approval. Forward to June 3, 2024 Regular Consent Agenda. G. Contract Amendment: 5. 131sY Street Drainage Improvement Project Staff is seeking approval of a contract amendment in the amount of $139,733 for additional engineering services. Committee Recommendation Unanimous approval. Forward to June 3, 2024 Regular Consent Agenda. H. Resolution: Six -Year Transportation Improvement Program Staff is seeking approval of the annual update of the Six -Year Transportation Improvement Program. Committee Recommendation Unanimous approval. Forward to June 10, 2024 Committee of the Whole. The meeting adjourned at 6:20 p.m. Committee Chair Approval Minutes by LH 43