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HomeMy WebLinkAboutTIS 2024-09-23 COMPLETE AGENDA PACKETVirtual Meeting• City of Tukwila Transportation and Infrastructure Services Committee ❖ Armen Papyan, Chair �• Dennis Martinez �.• Hannah Hedrick AGENDA Distribution: D. Martinez A. Papyan H. Hedrick P. Mayer (email) G. Lerner (email) Share pkt pdf on SharePoint: to A. Le, A. Youn, M. McCormick MONDAY, SEPTEMBER 23, 2024 — 5:30 PM HYBRID MEETING — ONSITE AND VIRTUAL DUWAMISH CONFERENCE ROOM, 6300 BUILDING, 2ND FLOOR MS Teams: LIC E T J I T E E TI e hers of'the public may listen by dialing 1-253-292-9750 and entering conference ID 252508487# 1. PRESENTATIONS 2. BUSINESS AGENDA a) Stormwater Outfall Water Quality Retrofit Project Dept. of Ecology Water Quality Combined Funding Grant Award (Catrien de Boer) b) Stormwater Quality Retrofit Program Amendment No. 2 (Josh Hopkins) c) 2023 Annual Small Drainage Program Amendment No. 2 (Josh Hopkins) d) Gilliam Creek Fish Barrier Removal and Habitat Enhancement - Amendment No. 1 (Josh Hopkins) :eco n e n a) Forward to the 10/07/2024 Regular Consent Agenda b) Forward to the 10/07/2024 Regular Consent Agenda c) Forward to the 10/07/2024 Regular Consent Agenda d) Forward to the 10/07/2024 Regular Consent Agenda age Pg. 1 Pg. 7 Pg. 29 Pg. 43 Next Scheduled Meeting: 10/28/2024 I} The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206-433-0179 for assistance. Pubic arks Department- Pete Ye interim Director Thomas cLesd, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Pete Mayer, Deputy City Administrator/ Interim Public Works Director BY: Catrien de Boer, Public Works Analyst CC: Mayor McLeod DATE: September 20, 2024 SUBJECT: Surface Water Fund - Stormwater Outfall Water Quality Retrofit Project Project No. 91241202 Department of Ecology Water Quality Combined Funding Grant Award ISSUE Accept a Washington State Department of Ecology (DOE) Water Quality Combined Grant to fund water quality improvements in the amount of $1,805,745. BACKGROUND In 2017, Council authorized staff to accept DOE grant funding for the design of four stormwater outfall sites through 90% design. In 2022, Council authorized staff to accept a DOE grant funding the final design and construction of two of the sites — Tukwila International Boulevard and Interurban Avenue. DISCUSSION In September 2023, Council authorized staff to submit an application to the DOE Water Quality Combined Funding Program to fund the final design and construction for the third and fourth outfalls at Starfire Way/Fort Dent Way and E Marginal Way. In July 2024, the City was notified that we received the full grant award to fund the construction of two stormwater outfall retrofits. FISCAL IMPACT The City was awarded a $1,805,745 grant from the DOE for the construction of two stormwater outfalls. The grant requires a 15% local city match, which is $270,861. The Project CIP, which comes from Surface Water Fees, is sufficient to cover the match. Project Budget DOE Grant Award $1,534,883.00 City Match $ 270,861.00 Total $1,805,745.00 Fund Source CIP Budget (412 Funds) RECOMMENDATION Council is being asked to accept a DOE Water Quality Grant Award in the amount of $1,805,745 and consider this item on the Consent Agenda at the October 7th, 2024 Regular Council Meeting. Attachments: 2023-28 CIP Pg. 77 Vicinity Maps 1 CITY OF TUKWILA CAPITAL PROJECT SUMMARY PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: 2023 to 2028 Storm Water Quality Retrofit Program Project No. 91241202 Provide, design, and install water quality testing and improvements at selected drainage locations. Most surface water is discharged directly to receiving water bodies untreated. Water quality retrofit has been added to CIP projects since 2015 (Interurban and 53rd Ave S). Expected to increase maintenance. Combine with other CIP projects for design and construction, where feasible. For 2021, funding for added improvements to the West Valley Highway project. A proposed State DOE grant is listed in 2022. FINANCIAL (in $000's) Through Estimated 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 41 100 20 100 100 100 100 20 581 Land (RNV) 5 5 Const. Mgmt. 300 400 15 715 Construction 1,300 1,800 80 3,180 TOTAL EXPENSES 41 105 1,620 100 100 2,200 100 100 115 4,481 FUND SOURCES Awarded Grant 22 1,365 1,387 Proposed Grant 100 1,530 100 1,730 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 19 105 255 100 0 670 100 0 115 1,364 TOTAL SOURCES 41 105 1,620 100 100 2,200 100 100 115 4,481 2023 - 2028 Capital Improvement Program ® sM 77 2 Site 7: East Marginal Way City of Tukwila Stormwater Outfall Water Quality Retrofit Project Figure 1—Vicinity Map Design Report Site 4: Starfire/Fort Dent Way October 2020 2 KPG 3 FIGURE 2. SITE 4: STARFIRE WAY CITY OF TUKWILA STORMWATER QUALITY OUTFALL RETROFIT PROJECT KPC Interdisciplinary Design 3131 Ellott Ave 2502 Jefferson Ave Suite 400 Tacoma WA 98402 Seattle WA 98121 (253) 627-0720 (206) 286-1640 www kpg com 4 AREA TREATED FOR STORMWpTET RETROFIT SEE DES1CNIkANS FIGURE 4. SITE 7: EAST MARGINAL WAY S CITY OF TUKWILA STORMWATER QUALITY OUTFALL RETROFIT PROJECT KPQ Interdisciplinary Design 3131 Ella Ave 2502 Jefferson Ave Sake 400 Tacoma, WA 98402 Seattle, WA 98121 (253) 627-0720 (206) 286-1640 5 www kpg corn 6 Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Pete Mayer, Public Works Director BY: Joshua Hopkins, Surface Water Project Manager CC: Mayor Thomas McLeod DATE: September 20, 2024 SUBJECT: Surface Water Fund — Stormwater Outfalls Water Quality Retrofit Program Project No. 91241202 Contract 22-134, Amendment No. 2 ISSUE Approve Amendment No 2. to Contract 22-134 with KPG Psomas, Inc. to provide design and construction management services for the Stormwater Outfalls Water Quality Retrofit Program in the amount of $322,873. BACKGROUND The goal of the Stormwater Quality Retrofit program is to improve the water quality of stormwater discharges to the Green-Duwamish River from city roads. This project will retrofit two city street discharge points — they were prioritized from a list of eight identified by City staff. In a prior contract, KPG Psomas analyzed and prioritized these eight discharge points based on seven criteria and developed four priority sites to 90% Plans. The first two sites will be under construction Fall 2024. DISCUSSION This contract will develop bid documents for the next two priority sites — adjacent to the East Marginal Way outfall near S 115th St and the Fort Dent Way outfall - and include construction management services. A grant from the WA State Department of Ecology will reimburse the city for design, construction, and construction management costs. Amendment No. 1 was a time extension. FINANCIAL IMPACT The proposed fee for design (90% to bid docs) and construction management is $322,873, bringing the contract total to $521,700. The City was awarded a Department of Ecology Stormwater Financial Assistance Program Grant for $1,534,883. This will fund design, construction and construction management. The City has budgeted $270,861 for a required 15% match. RECOMMENDATION Council is being asked to approve Amendment No. 2 to Contract 22-134 with KPG Psomas Inc, in the amount of $322,873 for design and construction management for the Stormwater Quality Retrofit Program and consider this item on the Consent Agenda at the October 7, 2024, Regular Meeting. ATTACHMENTS • CIP'23-'28, Pg. 77 • 9TUK010300 Amend 2 signed • Info Memo Dept. of Ecology WQ Grant Acceptance 7 CITY OF TUKWILA CAPITAL PROJECT SUMMARY PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: 2023 to 2028 Storm Water Quality Retrofit Program Project No. 91241202 Provide, design, and install water quality testing and improvements at selected drainage locations. Most surface water is discharged directly to receiving water bodies untreated. Water quality retrofit has been added to CIP projects since 2015 (Interurban and 53rd Ave S). Expected to increase maintenance. Combine with other CIP projects for design and construction, where feasible. For 2021, funding for added improvements to the West Valley Highway project. A proposed State DOE grant is listed in 2022. FINANCIAL (in $000's) Through Estimated 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 41 100 20 100 100 100 100 20 581 Land (RIW) 5 5 Const. Mgmt. 300 400 15 715 Construction 1,300 1,800 80 3,180 TOTAL EXPENSES 41 105 1,620 100 100 2,200 100 100 115 4,481 FUND SOURCES Awarded Grant 22 1,365 1,387 Proposed Grant 100 1,530 100 1,730 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 19 105 255 100 0 670 100 0 115 1,364 TOTAL SOURCES 41 105 1,620 100 100 2,200 100 100 115 4,481 2023 - 2028 Capital Improvement Program ®-GGCIII 8 77 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment # 2 Between the City of Tukwila and KPG Psomas, Inc That portion of Contract No. 22-134 between the City of Tukwila and KPG Psomas Inc. is hereby amended as follows: Section 2 Scope of Services: The following language shall be added to the end of the existing Section 2: In addition, work under this contract shall include reimbursement for services, direct expenses, and costs associated with the additional contract scope of services as described in Exhibit A-3 and A4, attached. Section 3 Duration of Agreement; Time for Performance: Section 3 is hereby amended to read as follows: This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2026, 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 December, 31, 2026 unless an extension of such time is granted in writing by the City. Section 4 Payment: Section 4A is hereby amended to read as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibits `B- 1 " and `B-2, " provided that the total amount of payment to the Consultant for that work shall not exceed $198,827.00 without express written modification of the Agreement signed by the City. Payment for the work provided by the Consultant shall be made as provided on Exhibit B-3 and B-4 attached hereto, provided that the total amount of payment to the Consultant for that work shall not exceed $322, 873 without express written modification of the Agreement signed by the City. The maximum amount payable under this contract as amended inclusive of all fees and other costs shall not exceed $521,700 without express written modifications of the Agreement signed by the City. Section 19 Department of Ecology Provisions: A new Section 19 is added to the Agreement to read as follows: CA Reviewed May 2020 Page 1 of 2 9 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: The Washington State Department of Ecology Water Quality Combined Funding Insert attached hereto as Exhibit C is hereby incorporated into the Agreement as if fully set forth. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 ** City signatures to be obtained by ** Contractor signature to be obtained by sponsor staff. ** City Clerk's Staff ONL.Y. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney CONTRACTOR: By: Printed Name: Terry Wright Title: Vice President CA Reviewed May 2020 Page 2 of 2 10 EXHIBIT A-3 Design Services Scope of Work City of Tukwila - Stormwater Outfall Water Quality Retrofit Project City Project Number: 22-134 KPG Psomas Project number 9TUK010300 September 9, 2024 Supplement #2 This project will prepare final design for two sites of stormwater treatment facility designs that were submitted at 90% design through the grant funds from State of Washington Department of Ecology ("Ecology") Agreement No. WQC-2017-Tukwil-00158 ("Grant Agreement"). The City of Tukwila has been selected to receive funding DOE Agreement No. WQC-2025-Tukwil- 00039 ("Grant Agreement") in the State Fiscal Year 2025 (SFY25) Funding Cycle. KPG Psomas will support this project by providing professional services as described in the following Scope of Work. TASK 1 — MANAGEMENT / COORDINATION / ADMINISTRATION 1.1 The Consultant will provide continuous project management for the project duration. (24 month duration) 1.2 The Consultant will prepare for, attend and provide written meeting notes for six virtual design coordination meetings with City staff and/or agency stakeholders. 1.3 The Consultant will provide internal quality assurance/quality control (QA/QC) reviews of all major deliverables prior to submittal to the City. Task 1 Deliverables: ■ Monthly progress reports Task 1 Assumptions: ■ Estimated project duration is 24 months • City will prepare all progress reports and reimbursement requests for Ecology required by Grant Agreement TASK 2 — PERMITTING The DOE Grant required permitting was completed during preliminary design and was submitted to Ecology by the City of Tukwila. This includes Cultural Resource Survey, City SEPA, and City Shoreline Permit. City of Tukwila Design Services Stormwater Outfall Water Quality Retrofit Project Page 1 of 5 KPG Psomas Supplement #2 September 9, 2024 11 2.1 The Consultant shall prepare a supplemental coordination letter or letters if there has been a lapse or renewal required for permitting. This level of effort includes review of existing permitting information, preparing two updated graphics of project limits, and letter requesting renewal of permits. 2.2 Ecology requires Cultural Resources Monitoring for E Marginal Way location. Consultant shall support review of subconsultant prepared monitoring plan and determine duration required for monitoring plan that is approved by Ecology. Task 2 Deliverables: ■ Permit Renewal Letter with Vicinity Map, as needed (PDF). Task 2 Assumptions: EO 05-05 Project Review Form and IDP submitted and approved by Ecology by City during preliminary design. SEPA was completed with DNS effect and was submitted to Ecology by City during preliminary design . Shoreline Substantial Development Permit submitted and approved by City during preliminary design. No water resources permits (WDFW Hydraulic Project Approval, Corps of Engineers 404/10 Permit, Ecology 401 Water Quality Certification) will be required. Existing permits and supporting documentation remain valid and do not require re -submittal or substantial revision. TASK 3 —FINAL DESIGN The Consultant shall prepare final design and final plans, specifications and cost estimate for review and approval by the City and Ecology. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities and City standard details and WSDOT standard plans will be supplemented with project specific details as required. This task shall also include preparation of items required per the grant and Final Design Package submittals to Ecology, contents of which shall be prepared in accordance with the Ecology publication "Design Deliverables for Stormwater Projects with Ecology Funding", dated August 2021. 3.1 The Consultant shall prepare any supplement survey to support the design that was not collected or is outdate from the original 2020 surface data collection at these locations. These location(s) will be identified and approved by City prior to work. Basis of control will be: Horizontal NAVD 83/2011, Vertical NAVD 88. Control points will be established and will be made available for use during design/construction. The consultant will locate, field survey, and calculate positions for monuments and control points throughout the project limits, using the Washington State Plane coordinate system. Conventional or GPS surveying methods will be used on this project. Consultant shall subcontract with a utility locating company to paint all underground utility locations within survey area prior to performing field surveys. Topographic mapping of the existing ground will be taken at approximately at 25-foot intervals (to provide 2- foot contour intervals). Irrigation systems will not be included. Perform observation and measure -downs of existing storm drain catch basins and manholes and sewer manholes. The approximate size, type (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size and location of pipes will be documented. These observations will be made from the surface. The Consultant will perform CADD City of Tukwila Design Services Stormwater Outfall Water Quality Retrofit Project Page 2 of 5 KPG Psomas Supplement #2 September 9, 2024 12 mapping work to prepare 1"=20' topographic base map and digital terrain model (DTM) in AutoCAD 2022 format of the project within the project area. 3.2 Consultant shall prepare 90% Plans and Engineer's Cost Estimate for the project. The project is comprised of the Fort Dent Way and E Marginal Way sites shown in the Stormwater Outfalls Water Quality Retrofit Project, 90% Ecology Submittal, dated November 2021. Consultant shall review utilizing the Duwamish Gardens as a revision to the November 2021 Design. 3.3 Consultant shall prepare 100% Plans, Specifications, and Engineer's Cost Estimate for the project. The 100% submittal will include responses to comments received from the 90% review by the City and Ecology. 3.4 The Consultant shall respond to Ecology comments on 100% Final Design Package submittal. 3.5 The Consultant shall calculate and submit a preliminary equivalent new/re-development area for the final design project locations in accordance with the Ecology grant Design Deliverables Document. 3.6 The Consultant shall prepare preliminary GIS compatible project area in shapefile, geodatabase file, or ECOLOGY -approved equivalent. The project area shall include polygon features for stormwater facilities and contributing areas. 3.7 The Consultant shall continue coordination with City and franchise utility companies impacted by the project improvements. This effort will include sending letters to all utility providers serving the project site areas to confirm utility locations, identify planned upgrades, and identify potential conflicts. Any potholing will be completed by the Franchise Utility. This scope does not include any coordination for relocation or permit reviews for Franchise Utility relocation prior to project construction. 3.8 The Consultant shall prepare Contract Documents for Bid and upload to BXWA on behalf of the City. The Contract Documents will include responses to all comments received from the final 100% bid package review by the City and Ecology as part of the design grant agreement. Task 3 Deliverables: ■ 90% Plans and Cost Estimate (PDF) • 100% Plans, Specifications and Cost Estimate (PDF) ■ Responses to City and Ecology 100% Review Comments (PDF) ■ Proposed project area equivalent new/development area determination (PDF) ■ Proposed project area shapefile (SHX file) • Contract Bid Package (PDF) ■ Supplemental Electronic Base Map showing utility locations, surface features, contours, and existing right-of-way (as needed). Task 3 Assumptions: City of Tukwila Design Services Stormwater Outfall Water Quality Retrofit Project Page 3 of 5 KPG Psomas Supplement #2 September 9, 2024 13 ■ The Ecology required Design Report is finalized with acceptance and no further updates required. If Duwamish Gardens is utilized and the Storm Technical Information Report (TIR) and Ecology Design Report may need to be updated. This is not included in the scope. ■ The City will upload all required documents to EAGL to satisfy the required "Design Deliverables for Stormwater Projects with Ecology Funding", dated August 2021. ■ Traffic Control Plans will be created by the Contractor. • 10K has been provided for Utility Potholing for City owned utilities. Franchise Utility potholing shall be direct billed to that utility, as needed. ■ Right-of-way plans, legal descriptions, or acquisition will not be required. ■ 90%,100%, and Bid Plans content assumption: 1 Cover Sheet 1 Legend, Abbreviations, and Survey Notes 10 Stormwater Plans & Profiles, Stormwater Detail Sheets Total: 12 Sheets TASK 4 — CONSTRUCTION BIDDING SUPPORT 4.1 The Consultant will assist the City PM in advertisement of the Contract Documents. 4.2 The Consultant will prepare addenda and respond to bidders questions relayed through the City. It is assumed that the Consultant will prepare up to two (2) addenda. 4.3 The Consultant will prepare Conformed Documents (to include all Project Addenda) for the City to be provided to the Contractor. Task 4 Deliverables: ■ Prepare responses for up to four (4) bidder questions (incl. with Addenda) ■ Prepare up to two (2) Addendum Packages • Conformed Documents: (5) hard copies of half-size (11x17) and Specifications (8.5x11) Management Reserve Included in this Contract's Management Reserve includes, but is not limited to: • Additional DOE Grant requirement requests not noted in scope. • Any additional services requested from the City. The above activities will require written authorization from City to access management reserve funds. Additional Services The City may require additional services of the Consultant in order to advance the project through final design, bidding and/or construction. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to the following: • Public outreach support • Water resources permits • Right of way and easement research and/or acquisition • Providing construction phase support • Preparation of Record Drawings City of Tukwila Design Services Stormwater Outfall Water Quality Retrofit Project Page 4of5 KPG Psomas Supplement #2 September 9, 2024 14 These services will be authorized under a future contract supplement if necessary. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. City of Tukwila Design Services Stormwater Outfall Water Quality Retrofit Project Page 5 of 5 KPG Psomas Supplement #2 September 9, 2024 15 EXHIBIT A-4 Construction Management Services Scope of Work City of Tukwila - Stormwater Outfall Water Quality Retrofit Project City Project Number: 22-134 KPG Psomas Project Number: 9TUK010300 September 9, 2024 Supplement #2 KPG Psomas will provide construction management services for the construction contract to complete the City of Tukwila Stormwater Outfall Water Quality Retrofit Project. The City of Tukwila has been selected to receive a grant funding through DOE Agreement No. WQC-2025-Tukwil-00039 ("Grant Agreement") in the State Fiscal Year 2025 (SFY25) Funding Cycle. Construction is anticipated in Spring/Summer 2026. The proposed work includes construction of two sites: Site 1: Fort Dent Way Install single new modular wetland unit, storm conveyance pipe, and restoration of planter strip, sidewalk, and street trench restoration area to treat stormwater runoff before it outfalls to Duwamish River. Site 2: E Marginal Way Install single new modular wetland unit, storm conveyance pipe, planter strip, sidewalk and street trench restoration to treat stormwater runoff before it outfalls to the Duwamish River. A detailed scope for the Contract follows: 1. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. General Assumptions: • The level of service and fee is based on project duration of 45 working days. • The proposed project team will include a part time Project Manager (1 hr a week) part time Resident Engineer (16 hours a week), one full time Construction Inspector (45 hours a week), a part time Documentation Specialist (20 hours a week), and one part time Project Engineer from KPG Psomas's design team to review submittals and interpret Contractor inquiries, as needed. The team also includes a sub -consultant to provide services for materials testing and construction site observation to satisfy Tukwila Municipal Codes for work within certain soil classifications. • City will review and execute the insurance, bonds, and the Construction Contract. • Consultant will coordinate during audits or traffic control operations related to project impacts and help the City to complete any other required correspondence with outside agencies. City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 1 of 9 KPG Psomas Supplement #2 September 9, 2024 16 EXHIBIT A-2 • The City will work with the Contractor to conduct all community outreach in relation to phasing and direct impacts due to construction. The City's Contractor shall be responsible for the communication to the community on schedule and work activities. • KPG Psomas design engineers will be available during construction to answer questions and review RAM's, shop drawings, and answer RFI's. • Consultant services will be performed in accordance with the WSDOT Construction Manual, Contract plans & special provisions, and City of Tukwila engineering standards. • The franchise Utilities will provide field inspection for all work surrounding the construction or relocation of their utility systems if necessary. • Coordination of construction with franchise utilities, if any, will be done by City Contractor. Consultant will help facilitate coordination between utilities and Contractor as needed or requested by City. II. SCOPE OF WORK The objective and purpose of this Construction Management Services Agreement is for the Consultant to successfully deliver the construction of the Project to the City by ensuring that the improvements are constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that all of the required Project documentation is accounted for, and ultimately that the City of Tukwila receives a successful review by any outside agency including state audits at the end of the Project. TASK 1— MANAGEMENT / COORDINATION /ADMINISTRATION Provide overall project management, coordination with the City, monthly progress reports, and invoicing. This effort will include the following elements. 1.1 Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. 1.2 Review monthly expenditures and CM team scope activities. Prepare and submit monthly project progress reports to the City along with invoices describing CM services provided each month. Prepare and submit reporting required by funding source(s), if any. Deliverables: • Monthly invoices and progress reports TASK 2 — PRECONSTRUCTION SERVICES 2.1 Assist with Award Process: KPG Psomas will attend Award opening, prepare bid tab analysis, and verify Contractor by reviewing debarment and LNI website. KPG Psomas will prepare recommendation of award letter. City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 2 of 9 KPG Psomas Supplement #2 September 9, 2024 17 EXHIBIT A-2 2.2 Administrative Services up to Contractor Notice to Proceed (NTP): KPG Psomas will provide support startup of the project with any miscellaneous administrative needs not specifically outlined in items 2.2 — 2.9. 2.3 Preconstruction (PreCon) Photos: KPG Psomas staff shall collect and log a comprehensive set of precon photos, prior to City Contractor mobilizing to the site, for the purpose of documenting pre-existing site conditions. These shall be delivered to the City in digital form as part of the final project files. 2.4 Review Plans and Specs: KPG Psomas staff shall familiarize themselves with all plans, specs, and City standards that will be incorporated into this project, in order to familiarize themselves with project limits, elements of work to be performed, measurement and payment, and other project - specific considerations, prior to the first working day. 2.5 Prepare Hard and Electronic Files: The Consultant will prepare all electronic and hard copy files in preparation for the project. SharePoint will not be utilized on this contract. 2.6 Prepare Record of Materials (ROM): Consultant shall modify WSDOT-provided ROM, to align with LAG manual exceptions and to improve ease of use by all project parties. In the absence of a WSDOT-provided ROM, KPG Psomas can generate a ROM from scratch, however creation of a complete project ROM is outside the scope of the current budget and may require a supplement. 2.7 Preconstruction Conference: KPG Psomas will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the City's offices or via an on-line platform of the City's choice. The Consultant's team will attend the preconstruction conference. Pertinent City staff and private utilities will also be present at this meeting. KPG Psomas will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Preconstruction conference, the Consultant shall help facilitate discussions with the Contractor concerning the plans, specifications, schedules, pay estimate timelines and cutoff dates, issues with utilities, any unusual conditions, State and local requirements and any other items that will result in better project understanding among the parties involved. 2.8 Prepare Templates: KPG Psomas will pre -populate all electronic forms, either Consultant or City provided, in preparation for contract administration. This includes pay estimate templates, weekly working days statements, inspector daily reports, change management tracking templates, etc. 2.9 Utility Coordination: Consultant will assist with external and internal communications regarding utility coordination required for successful completion of the project, including utility relocations, required service interruptions, etc. Deliverables: • Bid Tab Analysis • Recommendation of Award City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 3 of 9 KPG Psomas Supplement #2 September 9, 2024 18 EXHIBIT A-2 • Preconstruction conference meeting minutes • Hard and Electronic Copies of Plans and Specs • Pre -construction Photos • ROM TASK 3 — CONSTRUCTION SERVICES - FIELD 3.1 Construction Observation: The Consultant will provide one (1) inspector during construction activities and other tasks necessary to monitor the progress of the work. The Inspector will ensure that the daily inspection reports and working days reporting are completed in a timely manner and contain sufficient information to assess whether the work is being conducted in compliance with the Contract Documents per City, WSDOT,. Consultant will make IDR's available to the City by Friday of the same work week upon request. The Inspector may perform the following duties as a matter of his daily activities: i. Observe technical conduct of the construction, including providing day-to-day contact with construction contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the WSDOT Standard Specifications. ii. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the City of any non -conforming work observed. iii. Document all material delivered to the job site in accordance with the Contract Documents. iv. Prepare daily inspection reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. v. Interpret Contract Documents in coordination with the City, Contractor, and KPG Psomas. vi. Resolve questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. vii. Support the Contractor's communication and responsibilities to answer questions from property owners and the general public as needed. viii. Monitor compliance of approved permits per the project specifications, if applicable. ix. Prepare field records and documents to ensure the Project is administered in accordance with the plans and specifications. x. Collect and calculate delivery tickets and scaleman's daily reports of aggregate. All tickets will be initialed with correct bid item and stationing identified (Construction Manual 10- 2). xi. Attend and actively participate in regular on -site weekly construction meetings. xii. Take digital photographs during the course of construction, and record locations. City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 4 of 9 KPG Psomas Supplement #2 September 9, 2024 19 EXHIBIT A-2 Assumptions: • Consultant will provide observation services for the days/hours that the contractor's personnel are on -site. • Assumption is Client's Contractor shall work normal 40-hour work weeks. For this project the "normal" work week may occur at night. KPG Psomas does not differentiate day shift from night shift. However, if the City's Contractor works a double shift (both day and night) within a single 24-hour period this will constitute two working days. Consultant's hours for inspection are based on one shift for number of working days allowed per Contract. • Assumption is if Contractor is working at multiple sites within the City of Tukwila, the Consultant will split their time at the multiple locations and prioritize what location to be at for observation. • The Consultant's monitoring of the construction contractor's activities is to ascertain whether they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non -conforming work, and pursue the other remedies in the interests of the client, as detailed in the Contract Documents. • Night work is not anticipated for this project. 3.2 Weekly Construction Meetings: The inspector shall attend weekly construction meetings, onsite or virtually. Deliverables: • Daily Construction Reports with project photos. • Field Note Records for all field -measurable pay items. • Review material test reports for compliance. TASK 4 — CONSTRUCTION SERVICES — OFFICE 4.1 Construction Management Office Support: Original documentation will be housed at the Consultant's office and filed in accordance with standard filing protocol. Document Control will consist of the following: a. Project Coordination: Liaison with City, construction Contractor, engineer, utilities and property owners on a regular basis to discuss project issues and status. b. Plan Interpretations: Provide technical interpretations of the drawings, specifications, and Contract Documents, and evaluate requested deviations from the approved design or specifications. Coordinate with City for resolution of issues involving scope, schedule, and/or budget changes. c. Submittals: Consultant shall take lead on submittal reviews/ approvals. Consultant shall coordinate review process for shop drawings, samples, traffic control plans, test reports, City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 5 of 9 KPG Psomas Supplement #2 September 9, 2024 20 EXHIBIT A-2 and other submittals from the Contractor for compliance with the contract documents. Submittals shall be logged and tracked by Consultant. d. Requests for Information (RFI): Consultant shall review and respond to RFI's. RFI's shall be logged and tracked by Consultant. e. Weekly Meetings: Consultant will lead weekly meetings. Consultant will prepare agenda for City review and distribute meeting minutes to attendees. Outstanding issues to be tracked on a weekly basis. Weekly Statement of Working Days will be reviewed/accepted by Contractor during the Weekly Meeting. f. Change Orders: The Consultant will develop change orders and the Consultant will provide technical assistance to negotiate change orders, and assist in resolution of disputes which may occur during the course of the project. The City will approve all change orders before being fully executed. Each change order will be executed in accordance with WSDOT Standard Specifications. g. Field Work Directives: The Consultant will prepare field work directives as necessary to keep the Contractor on schedule. h. Force Account: The Consultant will track Contractor force account labor, equipment and materials. All force account calculations will be verified by the City and double checked by the Consultant. The City shall have final authority to approve any Force Account work prior to agreement with the Contractor. J. Schedule Review: Consultant shall perform review of initial Contractor provided CPM for conformance with the Contract Documents. Any discrepancies, conflicts or unreasonable work durations will be brought to the attention of the Contactor and City. Consultant will provide one (1) intermediate review of Contractor's updated schedule and compare with field -observed progress and duration of the project. Lump Sum Breakdown: Consultant shall evaluate construction Contractors' Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for payment each month will be calculated. k. Monthly Pay Requests: Consultant shall prepare monthly requests for Contractor payment based on field note records prepared by Consultant field inspector in accordance with contract documents. 1. Weekly Statement of Working Days: Consultant shall prepare, and issue weekly statement of working day report each week to the Contractor and City for review and approval. Weekly statement of working days will be based on field inspection reports provided by Consultant. m. Subcontractor Documentation: Process / approve all required subcontractor documentation. Request to Sublets will be verified and logged. This includes checking City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 6 of 9 KPG Psomas Supplement #2 September 9, 2024 21 EXHIBIT A-2 System Award Management System (SAMS), verifying business licensing, reviewing insurance documentation, verifying city business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor documentation will be logged into KPG Psomas's subcontractor logs. 4.2 Construction Management Field Paperwork: Consultant shall review and assist with processing of field paperwork from the Inspector and Contractor for tracking and documentation. 4.3 Utility Coordination: The Consultant will facilitate ongoing communications and coordination between the Contractor and City and/or Franchise utilities who may have infrastructure within the project limits. The primary point of contact per Contractor requirements will be the Contractor and Franchise Utility, however Consultant shall support this. This includes JUT conversions, relocations due to foreseen or unforeseen conflicts, scheduled outages for tie-ins, etc. 4.4 Department of Ecology (DOE) Grant Requirements: The Consultant shall prepare, and issue to the City for submittal to the Department of Ecology (DOE) the Construction. Management and Construction Scope of Work within the Grant Agreement. The expected deliverables are noted below. The City will be responsible to upload deliverables to EAGL and notify Ecology with upload is complete. 4.5 Certified Payroll: The Consultant will process and check the Contractor and Subcontractor's certified payroll per State Prevailing Wage Requirements. Tracking of payroll shall consist of recording each payroll received from the Prime and Subcontractors and checking pay rates against Contract requirements. Any discrepancies will be brought to the Contractor and City. Deliverables: • Approved Submittals and Submittal log • Responded RFIs and RFI Log • Weekly Meeting minutes • Fully -executed Change Orders and Field Work Directives, with Change Management Log • Force Account Documentation and Tracking Log • Fully -executed Monthly Progress Payments • Subcontractor Packets • Weekly Statements of Working Days • Certified Payroll Tracking Log (hard copy binder not included) • Contractor -generated As-builts, if required by Contract All other project documentation generated during the course of project construction duration. Task 4.5 Specific Anticipated DOE Deliverables: City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 7 of 9 KPG Psomas Supplement #2 September 9, 2024 22 EXHIBIT A-2 • Construction Quality Assurance Plan • Pre -Construction Meeting Minutes • Project Schedule • Revised cash flow estimates when changes in construction schedule occur • Change Orders • Final Facility Operation and Maintenance Plan • Stormwater Construction Completion Form • Project Area Shapefile, Geodatabase file, or ECOLOGY approved Equivalent. The project area will include features for treatment facilities and contributing areas. • Construction progress reports and photos included in the progress reports. • Completed equivalent new/redevelopment area determination. TASK 5 — PROJECT CLOSEOUT 5.1 Closeout Office Support: Consultant shall assist with generation of closeout documentation and pursuit of successful project final completion, as detailed below: a. Substantial Completion Letter: Following full and unrestricted use of the project status being obtained by the Contractor and agreed to by the City, Consultant shall draft Substantial Completion Letter on City letterhead, for issuance to Contractor. b. Physical Completion Letter: Following completion of all punch list work verified by the Consultant and any stakeholders required the Consultant shall prepare physical completion letter to the Contractor and the City shall issue the final contract voucher. c. Final Pay Estimate: Consultant shall prepare final payment estimate, along with any final quantity adjustments needed to existing bid items, for issuance to Contractor, in conjunction with the final contract voucher, issued by the City. 5.2 Closeout Inspection and Punchlist: Consultant shall assist in a punchlist walkthrough with Contractor, City staff, and any other necessary agencies for the purposes of developing a final project punchlist. The Consultant shall assemble walkthrough comments and provide the preliminary list to the City for concurrence, prior to issuing the list to the Contractor. On notification of completion of the punchlist, Consultant shall perform a final walkthrough to confirm satisfactory completion of all items on the list and shall note any remaining discrepancies. Subsequent project walkthroughs are beyond the scope of this agreement, but will be accommodated should the request be made by the City, and sufficient remaining budget allows. 5.3 Certified Payroll Closeout: Consultant shall attempt to ensure that all certified payrolls and affidavits of wages paid are current and complete at the time of project physical completion. This City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 8 of 9 KPG Psomas Supplement #2 September 9, 2024 23 EXHIBIT A-2 will include regular checks of the L&I portal and frequent reminders to the Contractor to provide any missing information in a timely manner. As the task of gathering the final documentation from Contractors and their Subcontractors can sometimes be an extended process, outside the control of the City or Consultant, after 8 weeks post -physical completion, the Consultant shall perform a final status update of the CP tracking log, along with memos to file of any missing documentation, and shall hand off the remaining verification process to the Client. 5.4 Prepare Documentation to Deliver to City: Consultant shall perform QA/QC on all project documentation deliverables as outlined in Task 4.1, as well as any documentation generated in the course of completion of Task 5, and shall transfer all project documents to the City for permanent storage. • Substantial Completion Letter • Physical Completion Letter • Final Payment Invoice • Project Punchlist • Final Project Documents TASK 6 — SUBCONSULTANTS 6.1 Material Testing: HWA Material Testing will be retained as KPG Psomas's subconsultant to provide material testing and construction observation services. All testing will be done in accordance with LAG Manual and WSDOT Construction Manual, or at a desired reduced frequency as -directed by City project manager. The inspector shall coordinate with the Contractor and the material testing firm to schedule testing of materials in the field to ensure they meet specifications per contract requirements. 6.2 Prepare Subconsultant Invoicing: KPG Psomas will complete administrative services for Subcontractor contract and invoicing. ADDITIONAL SERVICES Management Reserve: Additional services requested by the City will be performed only when authorized by the City. Authorization to perform additional services will be in writing, specifying the work to be performed, and basis of payment. Items such as Community Outreach (except as completed on a day-to- day basis by the inspector and resident engineer as described in task 4.1 — vii), Public Meetings, Ribbon Cutting Ceremony, claims analysis, surveying, services during shutdown periods of non -working days, and services for extended working days are examples of possible additional services. This fee is based 45 working day contract, with 10 additional reduced -effort days for startup and 15 additional reduced -effort days for closeout, for a total of 70 days / 14 weeks, 8-hour days, additional extension of days will be approximately $1,080.00 per day for one person. (8 hours x $135.00 — $1,080.00) City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 9 of 9 KPG Psomas Supplement #2 September 9, 2024 24 KPG PSOMAS'' EXHIBIT B-3 PRIME CONSULTANT DESIGN COST COMPUTATIONS Client: Project Name: KPG Psomas Inc. Project Number: Date: City of Tukwila Water Quality Retrofit 9TUK010300 9/8/2024 v2 $292.00 $228,0 $217.00` 00 $187,00 $189,00 34.00 $140,0 $152.00 200 5214.00 bor Hour Estimate $272.00 00 7.00 67.00 $228.00 $140.00 $125.00 $178,00 $140.00 1.00 ,00. Total; Hours and Labor , Cost Computions by Task Totali Task 1 - Management/Coordination/Administration 1.1 Project Management & Administrative Services 2 6 6 12 4 30 4,796.00 1.2 City Staff Coordination 12 12 2,340.00 1.3 QA/QC reviews 4 6 10 $ 2,056.00 Task Total 0 0 0 6 18 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 6 12 4 0 52 9,192.00 Task 2 - Permitting 2.1 SEPA and Shoreline Coordination 8 4 4 8 24 4,604.00 2.2 Cultural Resources Monitoring Plan 4 4 4 12 2,424.00 Task Total 0 0 0 0 12 0 4 0 0 0 0 0 0 0 0 0 0 0 8 12 0 0 0 0 0 0 0 0 36 7,028.00 Task 3 - Final Design 3.1 Supplemental Field Survey & CADD Mapping 2 2 10 10 24 5,078.00 3.2 Prepare 90% Plans and Estimate 8 8 16 24 80 34 8 8 186 33,144.00 3.3 Prepare 100% PS&E 4 8 24 24 24 4 8 96 16,408.00 3.4 Response to Ecology 100% PS&E Comments 2 2 4 6 6 20 3,538.00 3.5 Prepare new/development area determinations 2 2 10 14 2,714.00 3.6 Prepare Project Area Shape Files 8 4 12 2,072.00 3.7 Utility Coordination 6 8 16 30 4,938.00 3.8 Prepare PS&E Bid Documents 2 8 8 8 16 42 7,274.00 Task Total 0 0 0 18 34 16 68 136 0 0 98 2 0 10 10 0 0 4 0 0 0 0 20 0 0 8 0 0 424 75,166.00 Task 4 - Construction Bidding Support 4.1 Assist Project Advertisement 2 4 4 4 14 2,410.00 4.2 Prepare Addenda (Assume 2) 2 6 8 1,392.00 4.3 Prepare Conformed Documents 2 4 6 1,058.00 Task Total 0 0 0 0 0 14 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 ( 4 0 28 4,860.00 Total Labor ours and Fee 24 70 16 136 98 0 10 0 20 24 i40 96,246,00'; Subconsultants Task 2.2 - Cultural Resources CRC $ 25,000.00 Subtotal $ 25,000.00 Total Subconsultant Expense 25,000.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate 150.00 Survey Utility Locates 2,000.00 Pothole Locates 10,000.00 Reproduction Allowance $ 100.00 Total Reimbursable Expense 12,250.00 Management Reserve 10,000.00 Tot 143,496.00 25 KPG A EXHIBIT B-4 PRIME CONSULTANT CONSTRUCTION MANAGEMENT COST COMPUTATIONS Client: Project Name: KPG Psomas Inc. Project Number: 45 working days + 2 week startup and 3 weeks closeout Date: City of Tukwila Water Quality Retrofit 9TUK010300 9/8/2024 292 Task 1 - MANAGEMENT / COORDINATION / ADMINISTRATION 189 Labor Hour Estirn te 40 Total Hours and Labor'. Cost Computations by Task 1.1 Project Management and Administrative Services 8 4 12 2,412.00 1.2 Prepare, review and submit monthly expenditures 4 4 8 1,428.00 Task Total 0 0 0 12 0 0 0 0 0 0 0 0 0 0 0 8 20 3,840.00 Task 2 - Administrative Services up to Contractor Notice to Proceed (NTP) 2 Weeks 2.1 Assist City with Award Process 4 10 14 2,152.00 2.2 Administrative Services up to Contractor Notice to Proceed 8 5 13 $ 2,192.00 2.3 PreCon Photos 4 4 $ 524.00 2.4 Review Plans and Specs 4 8 4 16 $ 2,348.00 2.5 Prepare Hard and Electronic Files 4 2 6 1,028.00 2.6 Prepare ROM 8 10 18 $ 2,872.00 2.7 Prepare PreCon Agenda 4 4 8 $ 1,300.00 2.8 Prepare Templates 4 4 $ 544.00 2.9 Utility Coordination 2 2 4 650.00 Task Total 0 0 0 0 30 0 0 0 12 0 31 0 0 0 0 87 13,610.00 Task 3 - Provide Field Inspection for Each of the Project's Working Days (9 Weeks) 3.1 Construction Inspection 396 396 $ 51,876.00 3.2 Weekly Construction Meetings 10 10 1,310.00 Task Total 0 0 0 0 0 0 0 0 406 0 0 0 0 0 0 406 53,186.00 Task 4 - Construction Management (CM) and Administrative Services. NTP to Project Closeout. (9 Weeks) 4.1 Construction Management Office Support 20 88 140 36 284 $ 42,616.00 4.2 Construction Management Field Paperwork 32 60 92 $ 13,908.00 4.3 Utility Coordination 8 8 30 4 8 58 $ 10,354.00 4.4 DOE Grant Requirements 8 8 8 16 16 56 $ 9,776.00 4.5 Certified Payroll 36 36 $ 3,744.00 Task Total 0 36 16 0 8 166 0 0 0 220 0 8 0 72 0 0 526 $ 80,398.00 Task 5 - Project Closeout (3 Weeks) 5.1 Construction Management Office Support 24 24 48 $ 7,800.00 5.2 Construction Management Field Paperwork/Inspection 8 $ 1,048.00 5.3 Certified Payroll Closeout 16 16 $ 1,664.00 5.4 Prepare Documentation to Deliver to City 30 30 $ 4,080.00 Task Total 0 0 0 0 0 24 0 0 0 8 0 54 0 16 0 0 102 14,592.00 Task 6 - Subconsultant Materials Testing 6.1 Subcontract with Material Tester 2 9 11 $ 1,575.00 6.2 Prepare Invoices and Billings for Subcontractor 2 2 4 $ 676.00 Task Total 0 0 0 0 4 0 0 0 0 9 0 0 0 0 2 0 15 2,251.00 Total Labor Hours and Fee 7,020 3,024 2. 76 41,580 Subconsultants 12,648 280 8 67,877.00 Material Testing 5,500.00 Subtotal 5,500.00 Total Subconsultant Expense 5,500.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 1,000.00 Reproduction Allowance Total Reimbursable Expense 1,000.00 Management Reserve 5,000.00 Total Estimated Budget 9,377.00' 26 DEPART tv1 F T OF State cif +'ashaa gtog WASHINGTON STATE DEPARTMENT OF ECOLOGY WATER QUALITY COMBINED FUNDING INSERT FOR ALL SERVICES FOR STATE -FUNDED PROJECTS The following clauses are suggested to be incorporated into contracts for all services receiving state financial assistance from the Washington State Department of Ecology's Water Quality Combined Funding Program. Compliance with State and Local Laws The services provider (CONTRACTOR) shall assure compliance with all applicable federal, state, and local laws, requirements, and ordinances as they pertain to the project. State Interest Exclusion Partial funding of this project is being provided through the Washington State Department of Ecology. Neither the State of Washington nor any of its departments or employees are, or shall be, a party to this contract or any subcontract. Third Party Beneficiary Partial funding of this project is being provided through the Washington State Department of Ecology. All parties agree that the State of Washington shall be, and is hereby, named as an express third -party beneficiary of this contract, with full rights as such. Cost Basis of Contract No contract may be written for "cost -plus -a -percentage -of -cost" or "percentage of construction cost." The cost basis for this contract must be cost -reimbursement, unit price, fixed -price, time and materials, or any combination of these four methods. Funding Recognition Documents produced under this agreement shall inform the public that the project received financial assistance from the Washington State Department of Ecology. The Washington State Department of Ecology's logo must be on all signs and documents. Logos will be provided as needed. Accessibility Public -facing documents produced under this agreement shall be accessible to the RECIPIENT's best ability. This recommendation applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. Revised 09/2022 1 27 Access To the Work Site and To Records The CONTRACTOR shall provide for access to their records by Washington State Department of Ecology personnel. The CONTRACTOR shall maintain accurate records and accounts to facilitate the Owner's audit requirements and shall ensure that all subcontractors maintain auditable records. These records shall be separate and distinct from the CONTRACTOR's other records and accounts. All such records shall be available to the Owner and to Washington State Department of Ecology for examination. All records pertinent to this project shall be retained by the CONTRACTOR for a period of three years after the final audit. Funding Provision Partial funding of this project is being provided through the Washington State Department of Ecology. In the event that Ecology's funding from state, federal, or other sources is withdrawn, reduced, or limited in any way, the contract may be amended. Copyright to Documents The Department of Ecology retains a copyright to any documents produced and data collected under this agreement. The Department retains a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use the data or documents. The Department can authorize others to use the data or documents for federal, state, or local government purposes. Revised 09/2022 2 28 Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Pete Mayer, Public Works Director BY: Joshua Hopkins, Surface Water Project Manger CC: Mayor Thomas McLeod DATE: September 20, 2024 SUBJECT: Surface Water Fund — 2023 Annual Small Drainage Program Project No. 82341201 Contract, 23-089, Amendment No. 2 ISSUE Approve Amendment No. 2 to Contract 23-089 with KPG Psomas Inc. to provide additional permitting services for the 2023 Annual Small Drainage Program in the amount of $63,207.50. BACKGROUND The Annual Small Drainage Program addresses drainage -related problems identified through operation and maintenance activities as well as citizen complaints. The 2023 Annual Small Drainage Program developed plans to address localized shoreline erosion and corresponding impacts to the Green River Trail beneath the Tukwila International Boulevard Bridge. Repairing the trail in -place will require in -water fill in the Duwamish River and thus, is subject to mitigation requirements per Federal and State regulations. DISCUSSION Efforts to develop a compensatory mitigation plan to address environmental impacts exceeded planning estimates and requires additional effort. After a comprehensive evaluation of several potentially compatible mitigation solutions - at the request of regulators - City staff and the consultant team have selected purchasing habitat credit from the King County Chinook Wind Mitigation Reserves Program as the preferred mitigation option. This amendment addresses overruns incurred for alternative analysis and additional fee to prepare an In -Lieu Fee (ILF) Application to King County's program. Construction was expected to occur during the 2024 in -water work window, we are now planning for the 2025 in -water work window. Amendment No. 1 was a time extension. FINANCIAL IMPACT KPG Psomas' proposed fee for additional permitting services is $63,207.50. The 2023 Small Drainage Design, Construction Management and Construction budget is $900,000. KPG Design Contract Amendment No 1. Amendment No. 2. Total: Consultant Fee $99,785.00 $0.00 $63,207.50 $162,992.50 2023 Budget $100,000.00 $0.00 $800,000.00 $900,000.00 Notes Design Budget No Cost CM &Const. Budget RECOMMENDATION Council is being asked to approve Amendment No. 2 to Contract 23-089 with KPG Psomas, Inc. for additional permitting services in the amount of $63,207.50 for the 2023 Small Drainage Program and to consider this item on the Consent Agenda at the October 7, 2024, Regular Council Meeting. Attachments: CIP '23-'28. Pg. 76 9TUK010600 Amend 2 signed 29 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Annual Small Drainage Program Project No. 80041201 DESCRIPTION: Select, design, and construct small drainage projects throughout the City. JUSTIFICATION: Provide drainage corrections for existing/ongoing drainage problems throughout the City, including culvert replacements, drain extensions, and pavement upgrades. STATUS: Projects for this annual program are taken from Small Drainage Project List. MAINT. IMPACT: Reduces maintenance. COMMENT: Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar years. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 97 100 100 100 110 110 110 110 80 917 Const, Mgmt. 136 99 100 100 110 110 110 110 80 955 Construction 638 603 700 700 750 750 750 750 513 6,154 TOTAL EXPENSES 871 802 900 900 970 970 970 970 673 8,026 FUND SOURCES Awarded Grant 0 Proposed Grant 65 65 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 806 802 900 900 970 970 970 970 673 7,961 TOTAL SOURCES 871 802 900 900 970 970 970 970 673 8,026 2023 - 2028 Capital Improvement Program ®-GGCIII 38 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number:23-089(b) CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and KPG Psomas, Inc. That portion of Contract No. 23-089 between the City of Tukwila and KPG Psomas, Inc. for the project titled 2023 Annual Small Drainage Program — Design Services is hereby amended as follows: Section 2, Scope of Services: The following language shall be added to the end of the existing Section 2: In addition, work under this contract shall include reimbursement for services, direct expenses, and costs associated with the additional contract scope of services as described in Exhibits A- 2 and A-3, attached. Section 3: Duration of Agreement; Time for Performance: Section 3 is hereby amended to read as follows: This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 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 December 31, 2025, unless an extension of such time is granted in writing by the City. Section 4, Payment: Section 4A is hereby amended to read as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibits "B" provided that the total amount of payment to the Consultant for that work shall not exceed $99, 785.00 without express written modification of the Agreement signed by the City. Payment for the work provided by the Consultant shall be made as provided on Exhibit B-2 and B-3 attached hereto, provided that the total amount of payment to the Consultant for that work shall not exceed $135,077.50 without express written modification of the Agreement signed by the City. The maximum amount payable under this contract as amended inclusive of all fees and other costs shall not exceed $234,862.50 without express written modifications of the Agreement signed by the City. CA Reviewed May 2020 Page 1 of ��� x ���� ��x�� xuonxwxxpn AgreomerdNumbar23-08Q(b) All other provisions of the contract ehoj| remain in full force and efh*nL Dated this CITY OF TUKWILA day of ,2U Thomas McLeod, Mayor Printed Name: Terry Wright ATTEST/AUTHENTICATED: Title: Vice President Andy Youn.City Clerk APPROVED AS TO FORM: Office of the City Attorney mReviewed May 2020 Page 2 of _82 EXHIBIT A-2 City of Tukwila 2023 Small Drainage Program City Project Number: 23-089 KPG Psomas, Inc. Project Number: 9TUK010600 Scope of Work September 10, 2024 Supplement #2 Purpose This Supplement scope will also include continued design and permitting coordination services for the City of Tukwila Green River Trail repair at Tukwila International Blvd underpass through December 31, 2025. The project is currently in Mitigation Development phase and the use of King County In -Lieu Fee (ILF) mitigation credits from the Chinook Wind Mitigation Site has been identified as the preferred mitigation path to offset impacts associated with the trail scour repair project. The Consultant shall support the City and Subconsultant in the preparation of the ILF with support graphics, meetings with stakeholders, and permit reviewer comments. In addition, this scope incudes additional unforeseen mitigation coordination already completed, as well as coordination anticipated during preparation, submittal, and review of permit applications, including local (City) permitting that will be needed for the project approval before construction can take place. The specific tasks to be performed as part of this Supplement #2 scope of work include: General Assumptions: • No change in scope to Task 2 and Task 3 Task 1 Project Management/Coordination/Administration 1.1 Provide overall project management (assume 12 months) including: • Project staff management and coordination • Subconsultant management and coordination • Prepare and update project schedule • Schedule and budget monitoring 1.2 Coordinate with City staff and Stakeholders: • Meeting with City staff to discuss preferred repair design (assume 8 EA —1 hour meetings with 30 minute prep) • Meeting with Permitting Stakeholders (assume 8 EA — 1 hr meetings with 2 hour prep) 1.3 Provide QA / QC reviews by senior staff of deliverables prior to submittal to the City. This includes constructability review of subconsultant structural drawings. Task 1 Deliverables: • Monthly progress reports and invoicing City of Tukwila 2023 Small Drainage Program Page 1 of 2 Exhibit A-2 KPG Psomas Inc. September 10, 2024 Supplement #2 33 • Meeting agendas and minutes including a summary of decisions made / needed resulting from design coordination meetings. Task 4 Green River Trail Repair - Environmental Services (see attached for GeoEngineer's services) 4.1 Consultant shall prepare graphics and figures required for Permit Applications which now includes the IMF, review period, and local (City permits) in support for subconsultant permit application preparation. (Assume vicinity map, site map with OHW delineation and project limits, and quantity calculations). Management Reserve Included in this Contract's Management Reserve includes, but is not limited to: • Any additional services requested from the City to advance project through final design and construction. The above activities will require written authorization from City to access management reserve funds. Additional Services The City may require additional services of the Consultant in order to advance the project through final design and construction. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to survey, geotechnical investigation, design, permitting, environmental documentation and/or services during construction. These services will be authorized under a future contract supplement if necessary. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. City of Tukwila 2023 Small Drainage Program Page 2 of 2 Exhibit A-2 KPG Psomas Inc. September 10, 2024 Supplement #2 34 KPG EXHIBIT B-2 PRIME CONSULTANT COST COMPUTATIONS Client: Project Name: KPG Psomas Inc. Project Number: Date: City of Tukwila 2023 Small Drainage Program 9TUK010600 9/10/2024 2.00 $228,00 5.00 167.00, $189.00 $134.00 40.00 $152.00 Labor Hour Estimate $252,00' 00 67.00 $198.00 $189 $140.00 $125.00 40.00 11.00 .00 Total Hours and Labor Cost Computions by Task Hours Total Task 1 - Project Management/Coordination/Administration 1.1 Project Management 10 2 12 24 3,562.00 1.2 Coordination with Staff and Stakeholders 36 36 7,020.00 1.3 QA/QC Reviews 0 0 Task Total 0 0 46 0 0 0 0 0 0 0 0 0 0 0 0 2 12 0 60 10,582.00 Task 2 - GRT Repair - Civil Design (No Change in Scope) 2.1 Review Data and Prepare basemap 0 $ 2.2 30% Preliminary Plan and Cost Estimate 0 2.3 60%, 90%, and Bid Document PS&E 0 Task Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Task 3 - GRT Repair - Structural Design Services (No Change in Scope) 3.1 See Below Subconsultants 0 Task Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Task 4 - GRT Repair - Environmental Services 4.1 Graphic and Figure Permit Support 8 8 24 40 $ 6,432.00 See Below Subconsultants Fee 0 0 0 Task Total 0 0 8 0 8 0 24 0 0 0 0 0 0 0 0 0 0 0 0 0 40 6,432.00 Total Labor Hours and Fee 0 54 24 12 00 17,014.00 Subconsultants Task 4- GeoEngineers $ 34,470.00 Subtotal $ 34,470.00 Administrative Charge (5%) $ 1,723.50 Total Subconsultant Expense 36,193.50 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate Reproduction Allowance Total Reimbursable Expense $ Management Reserve l $ 10,000.00 d Budged $ 6 207,50 35 Exhibit A-3 EO NGINEERS 1101 South Fawcett Avenue, Suite 200 Tacoma, Washington 98402 253.383.4940 September 6, 2024 KPG Psomas, Inc. 3131 Elliot Avenue, Suite 400 Seattle, Washington 98121 Attention: Kelsey Anderson, PE Additional Services Agreement No. 2 Green River Trail at Tukwila International Boulevard Bank Erosion Repair File No. 0259-062-01 This confirms Additional Services Agreement (ASA) Number 2 between KPG Psomas, Inc. (KPG Psomas) and GeoEngineers, Inc. (GeoEngineers) for continued Mitigation Permitting Services for the City of Tukwila (City) Green River Trail at Tukwila International Boulevard Bank Erosion Repair Project located in Tukwila, Washington. The project is currently in Mitigation Development phase and the use of King County In -Lieu Fee (ILF) mitigation credits from the Chinook Wind Mitigation Site has been identified as the preferred mitigation path to offset impacts associated with the trail scour repair project. We have prepared this ASA to prepare an ILF Use Plan Report documenting use of the Chinook Wind ILF credits; accommodate additional mitigation coordination already completed as well as coordination anticipated during preparation, submittal and review of permit application materials; and include local (City) permitting that will be needed for project approval. Our scope, assumptions and fee estimate are included below. c• f ervic#s TASK 2 - STAKEHOLDER COORDINATION This task amends existing Task 2 that was previously authorized to add the following additional services: 1. Additional coordination with City and KPG Psomas previously completed during evaluation of mitigation alternatives, selection of a preferred mitigation alternative and preparation of associated documentation. 2. Additional coordination meetings with external stakeholders and fishery co -managers (Washington Department of Fish & Wildlife [WDFW] and Muckleshoot Indian Tribe Fisheries Department [MITFD]) previously completed to present mitigation alternatives and recommendations. 3. Anticipated coordination with the City, KPG Psomas, WDFW, MITFD, U.S. Army Corps of Engineers (USACE) and/or King County Mitigation Reserves Program during development of the ILF Use Plan, permitting documentation and permit application submittal/review processes. 4. Associated project management during the course of execution of the above services. KPG Psomas, Inc. I September 6, 2024 Page 2 TASK 4 — PER IT APPLICATIONS This task amends existing Task 4 that was previously authorized to add the following additional services: 1. Prepare an ILF Use Plan documenting use of the Chinook Wind ILF credits as mitigation for the proposed project. 2. Prepare a State Environmental Policy Act (SEPA) Checklist. 3. Prepare a Shoreline Narrative addressing compliance with the City Shoreline Master Program (SMP). 4. Act as authorized agent on behalf of the City for WDFW and USACE permits. This will include submittal of Hydraulic Project Approval (HPA) application through WDFW online portal and Section 10/404 Clean Water Act (CWA) permit application electronically to USACE. ASSU PTIONS Contract will be extended to December 2025. All services included in this amendment are anticipated to be completed within this timeframe and our estimates associated with anticipated coordination and general project management during execution of these services are based on this assumption. We have accounted for up to 16 hours of anticipated coordination in this amendment. If the project timeline is extended or other unforeseen circumstances require additional coordination above and beyond this allocation, an amendment to this scope and fee estimate may be required. The ILF Use Plan will be based roughly on the examples provided by King County. The ILF plan will be provided as a draft for KPG Psomas and City review and then finalized for submission to the USACE and Interagency Review Team (IRT). We have not currently budgeted for any further revision based on USACE or IRT review. Figures to be included in the ILF Use Plan will be provided by KPG Psomas. JARPA form and Biological Evaluation (BE) were included in previously contracted scope of services and will be used to submit applications to USACE and WDFW. SEPA Checklist, JARPA form (included in original scope of services) and Shoreline Narrative will be provided to KPG Psomas and the City for City use completing internal permit applications. A shoreline permit will be required and will also be used to document compliance with City critical areas regulations. A separate approval for critical areas is not anticipated. Shoreline stabilization and public paths are permitted uses within the Urban Conservancy shoreline environment and within the shoreline buffer; shoreline stabilization is a permitted use within the Aquatic shoreline environment. The project will be approved as a Shoreline Substantial Development, if not exempt as normal maintenance and repair. A variance or conditional use permit will not be required. The ILF Use Plan and purchase of ILF program credits will be sufficient mitigation and documentation to meet all agency requirements, including the City for Shoreline permit; additional mitigation for shoreline approval is not anticipated or included. A cultural resources survey and critical areas report are not included and will not be required by the USACE or the City. DELIVERABLES ILF Use Plan (Draft and Final) SEPA Checklist (Draft and Final) Shoreline Narrative (Draft and Final) File No. 0259-062-01 EO NGINEERS KPG Psomas, Inc. September 6, 2024 Page 3 • Complete application package submitted to USACE, including JARPA, BE and ILF Use Plan. • Complete application package submitted to WDFW through online portal, including JARPA information, BE, ILF Use Plan and design drawings (provided by KPG Psomas). The fee estimate for these services is presented below: FEE ESTIMATE DESCRIPTION Task 2. Stakeholder Coordination Coordination during Mitigation Alternatives Evaluation Anticipated future coordination Task 4 Permit Applications ILF Use Plan SEPA Checklist Shoreline Narrative Application Submittal/Authorized Agent Amendment 2 Budget Total Original Authorized Budget Total Revised Budget Exhibit B-3 ESTIMATED FEES $4,150 $5,120 $11,410 $4,240 $6,400 $3,150 $34,470 $37,400 $71,870 File No. 0259-062-01 GEOENGINEERS2S KPG Psomas, Inc. September 6, 2024 Page 4 The professional services listed above will be provided in accordance with the terms in our existing contract for Project No. 9TUK010300, dated May 31, 2023. The fee for the additional services described above will be determined on a time -and -expense basis using our current Schedule of Charges, which is attached to this agreement for reference. Sincerely, GeoEngineers, Inc. Shawn M. Mahugh, PWS Senior Habitat Ecologist SMM:DBC:tIm Attachments: Schedule of Charges - GeoEngineers Standard 2024 One electronic copy submitted David B. Conlin, MA, PWS Associate Ecologist Proprietary Notice; The contents of this document are proprietary to GeoEngineers, Inc, and are intended solely for use by our client to evaluate GeoEngineers' capabilities and understanding of project requirements as they relate to performing the services proposed for a specific project. Copies of this document or its contents may not be disclosed to any other parties without the written consent of GeoEngineers. Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc, and will serve as the official document of record. Copyright@ 2024 by GeoEngineers, Inc. All rights reserved. File No, 0259-062-01 EOENGINEER Page 1 of 2 Schedule of Charges - 2024 COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or services agreement. Current rates are: PROFESSIONAL STAFF Staff 1 Scientist Staff 1 Engineer Staff 2 Scientist Staff 2 Engineer Staff 3 Scientist Staff 3 Engineer Project Scientist 1 Project Engineer 1 Project Scientist 2 Project Engineer 2 Senior Engineer/Scientist 1 Senior Engineer/Scientist 2 Associate Principal Senior Principal TECHNICAL SUPPORT STAFF Administrator 1 Administrator 2 Administrator 3 CAD Technician CAD Designer Senior CAD Designer GIS Analyst Senior GIS Analyst GIS Coordinator *Technician *Senior Technician *Lead Technician Geotechnical Construction Specialist Environmental Database Manager Health and Safety Specialist Health and Safety Manager 146/hour 154/hour 167/hour 175/hour 191/hour 198/hour 220/hour 228/hour 228/hour 234/hour 255/hour 279/hour $ 292/hour $ 320/hour $ 340/hour $ 103/hour $ 119/hour $ 136/hour $ 132/hour $ 155/hour $ 180/hour $ 165/hour $ 180/hour $ 200/hour $ 114/hour $ 136/hour $ 146/hour $ 191/hour $ 226/hour $ 146/hour $ 200/hour *Hours in excess of 8 hours in a day or 40 hours in a week will be charged at one and one-half times the hourly rates listed above. Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff time spent providing expert services in disputes, mediation, arbitration and litigation will be billed at one and one-half times the above rates. Time spent in either local or inter -city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoing schedule. A surcharge may be applied to night and weekend work. See proposal for details. Rates for data storage and web -based access will be provided on a project -specific basis. Associated Project Costs (APC) Associated Project Costs (APC) equal to six percent (6%) of professional fees will be assessed. This fee allows GeoEngineers to invest in the necessary infrastructure to ensure we provide our clients with the latest technological and data security standards. The investments include maintaining and advancing technical tools and platforms across all aspects of our business, and strengthening our defenses against cyber threats to ensure data remains secure. These costs are not included in our hourly rates or direct expenses. Schedule_GeoEngineers Standard-2024 GEOENGINEERS Page 2 of 2 EQUIPMENT Air Quality Equipment, per Day $ 210.00 Air Sparging Field Test, per Day $ 110.00 Air/Vapor Monitoring Equipment (PID, 5-Gas Meter), per Day $ 110.00 Asbestos Sample Kit, Each $ 30.00 Blastmate, per Day $ 120.00 D&M Sampler, per Day $ 150.00 DO (Dissolved Oxygen) Kit, Each $ 25.00 Dynamic Cone Penetrometer, per Day $ 45.00 E-Tape (Electric Tape), per Day $ 35.00 Electric Density Gauge, per Day $ 110.00 Electric Density Gauge, per Week $ 430.00 Electric Density Gauge, per Month $ 1,400.00 Environmental Exploration Equipment, per Day $ 225.00 Field Data Acquisition Equipment (Field Tablet), per Day $ 55.00 Field Tablet, per Week $ 200.00 Field Tablet, per Month $ 750.00 Field Tablet with Cellular, per Day $ 75.00 Field Tablet with Cellular, per Week $ 300.00 Field Tablet with Cellular, per Month $ 1,000.00 Field Gear/ Reconnaissance, per Day $ 55.00 Gas Detection Meters, per Day $ 105.00 Generator, per Day $ 110.00 Groundwater Pressure Transducer w/ Datalogger, per Day $ 55.00 Groundwater Pressure Transducer w/ Datalogger, per Week $ 220.00 Hand Auger, per Day $ 100.00 Inclinometer Probe, per Day, 1 Day minimum $ 210.00 Interface Probe, per Day $ 65.00 Iron Test Kit, Each $ 25.00 Laser Level, per Day $ 60.00 Low Flow Groundwater Sampling Equipment, per Day $ 235.00 Multiparameter Water Quality Meter, per Day $ 85.00 Nuclear Density Gage, per Hour, 1/2 Day minimum $ 15.00 Peristaltic Pump, per Day $ 50.00 pH Probe,/Meter per Day $ 20.00 PID, FID or OVA, per Day $ 130.00 Rock/Slope Fall Protection/Rigging Equipment, per Day $ 700.00 Saximeter, per Day $ 60.00 Scuba Diving Gear, per Day/per Diver $ 700.00 Shallow Soil Exploration Equipment, per Day $ 60.00 Soil Field Screening Equipment, per Day $ 20.00 Soil Sample Kit, Each $ 20.00 Steam Flow Meter, per Day $ 20.00 Strain Gauge Readout Equipment, per Day $ 50.00 Surface Water Flow Meter, per Day, 1/2 day minimum $ 50.00 Surface Water Quality Monitoring Equipment, per Day $ 50.00 Turbidity Meter, per Day $ 50.00 Vehicle usage, per Mile, or $30/half-day, whichever is greater $ 0.65 Specialized and miscellaneous field equipment not listed above will be quoted on a project -specific basis. OTHER SERVICES, SUPPLIES AND SPECIAL TAXES Charges for services, equipment, supplies and facilities not furnished in accordance with the above schedule, and any unusual items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling equipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. Per diem may be charged in lieu of subsistence and lodging. Routinely used field supplies stocked in-house by GeoEngineers, at current rates, list available upon request. In-house testing for geotechnical soil characteristics at current rates, list available upon request. All rates are subject to change upon notification. Schedule_GeoEngineers Standard-2024 GEOENGINEERS 42 TO: FROM: BY: CC: DATE: SUBJECT: Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM Transportation and Infrastructure Services Committee Pete Mayer, Public Works Director Joshua Hopkins, Surface Water Project Manager Mayor Thomas McLeod September 11, 2024 Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project No. 99830105, Contract No. 24-093 Amendment No. 1 Additional Design and Engineering Services ISSUE Approve amendment No. 1 to Contract No. 24-093 with Otak, Inc. for additional design and engineering services in the amount of $138,270. 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 the 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, maintenance and operation of the tide gate system. ANALYSIS This contract amendment will include nine tasks to further design development and support upcoming National Oceanic and Atmospheric Administration (NOAA) Grant application(s). Tukwila used Otak's work product to apply for two NOAA grants ($19.7M/22.6M) in 2023, both were unsuccessful. NOAA provided Tukwila feedback to improve future applications. This project has a complex set of requirements in one of the more complex urban settings for fish passage with State 1-405, local arterial roads (66th Ave S & Tukwila Pkwy) and the Federal 205-levee. The project is adapting to feedback, as well as recent damage to the upstream streambanks at the 66th culvert inlet FISCAL IMPACT Otak has provided a cost estimate not to exceed $138,270.00 to perform additional design and engineering services. Total grant funding for this project is $1,350,000.00. Otak Contract 22-068 (original) Otak Contract 23-191* Otak Contract 24-093 24-093 Amendment No. 1 Grants Total: Consultant $330,622.00 ($39,500.00) $402,934.42 $138,270.00 $871,826.42 Budget $1,350,000.00 $1,350,000.00 * = Contract amount is the balance remaining in expired contract 22-068. RECOMMENDATION Council is being asked to approve Amendment No. 1 to Contract 24-093 with Otak for additional design and engineering services in the amount of $138,270.00 and to consider this item on the Consent Agenda at the October 7, 2024, Regular Council Meeting. Attachments: CIP '23 '28, Pg 81.pdf, Contract 24-093 Amend #1.pdf 43 CITY OF TUKWILA CAPITAL PROJECT SUMMARY PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: 2023 to 2028 Gilliam Creek Fish Barrier Removal Project No. 99830105 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. Enable fish access to lower Gilliam Creek under wider range of flow conditions; fish barrier per WDFW and City; WRIA 9 salmon habitat project. Analysis of lower Gilliam Creek is being conducted in 2018 to determine the best solution for fish passage and to address potential flooding. Likely a shift in maintenance commitments with potential elimination of flapgate maintenance. 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 2023 - 2028 Capital Improvement Program 44 81 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 24-093(a) CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and Otak, Inc. That portion of Contract No. 24-093 between the City of Tukwila and Otak, Inc. for the Gilliam Creek Fish Barrier Removal and Habitat Enhancement project is hereby amended as follows: Section 2 Scope of Services: The following language shall be added to the end of the existing Section 2: In addition, work under this contract shall include reimbursement for services, direct expenses, and costs associated with the additional contract scope of services as described in Exhibit A-2 attached. Section 4 Payment: Section 4A is hereby amended to read as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibits "B- 1", provided that the total amount of payment to the Consultant for that work shall not exceed $402, 934.42 without express written modification of the Agreement signed by the City. Payment for the work provided by the Consultant shall be made as provided on Exhibit B-2 attached hereto, provided that the total amount of payment to the Consultant for that work shall not exceed $138,270.00 without express written modification of the Agreement signed by the City. The maximum amount payable under this contract as amended inclusive of all fees and other costs shall not exceed $541,204,42 without express written modifications of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CA Reviewed May 2020 45 Page 1 of 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 ** City signatures to be obtained by City Clerk's Staff ONLY. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney Agreement Number: 24-093(a) ** Contractor signature to be obtained by sponsor staff: ** CONTRACTOR: By: Printed Name: Title: CA Reviewed May 2020 46 Page 2 of 2 EXHIBIT A-2 SCOPE OF WORK DESIGN/ENGINEERING SERVICES City of Tukwila Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project OTAK Project No. 20610.003 September 2024 Amendment No. 1 Introduction and Background There are technical elements of the conceptual design alternatives that require further analysis to determine feasibility and assess existing culvert conditions and debris and maintenance issues. The Scope of Services for Amendment No. 1 is described in detail in the following sections. SCOPE AND BUDGET MODIFICATIONS 6.0 Alternatives Analysis Otak previously prepared a Draft Alternatives Analysis Report and the City provided the first round of comments. This task is amended to add the following work items: • Prepare Phase 1 Alternatives Analysis Report (draft & final). The Phase 1 draft report will address the first round of City comments that have already been received. This task will also include addressing a second round of City comments and incorporating into the Phase 1 final report. • The report outline remains the same but the content will be expanded to address the City's first round of comments including the following items: o Expand content in Executive Summary o Section 2 - Add table correlating each alternative to the WRIA 9 Habitat Goals o Section 7 - Add figure and expand table in Section 7 related to key elevations at project site for modeling o Section 8 — Expand and reorder content for more detailed description of solution elements that vary within each alternative such as confluence and upstream habitat, gate location, stream alignment, stream profile, gate location, and crossing length and width. Expand alternative descriptions and Comparison Matrix Table. o Section 10 — Expand content for Recommendations. o Section 11 — Expand content for next steps into narrative description. TASK 6.0 DELIVERABLES • Phase 1 Alternatives Analysis Report (Draft and Final, electronic PDF file format) Otak — Scope of Work 47 TASK 6.0 ASSUMPTIONS • City will provide one list of consolidated comments on the draft Phase 1 Alternatives Analysis Report. Comments will be addressed and incorporated into the final Phase 1 Alternatives Analysis Report. 6.3.1 Feasibility Study The task 6.3.1 assumptions are added as follows for clarification: TASK 6.3.1 ASSUMPTIONS • City will review outline and draft development, in particular the evaluation criteria. • City will provide one list of consolidated comments for the outline and draft. Comments will be addressed and incorporated. 10.2.1 Agency Meeting and Coordination This task scope is expanded to include up to two meetings with the City and Otak engineering and sciences staff to discuss NLAA and potential to engage NFMS and USFWS and obtain feedback from the agencies to address debrief comments from previous grant applications submitted by the City. NEW SCOPE TASKS 1.5 Schedule Preparation Otak will develop a schedule for contract 24-093 and Amendment No. 1. Otak, with input from the City, will prioritize tasks for early coordination with permitting agencies for erosion repair and production of supporting documentation for upcoming grant applications to be prepared by the City. Grant applications are anticipated to occur during Q3 and Q4, 2024 and integrate non -critical path tasks to be completed during Q3 and Q4 (2024) and Q1 and Q2 (2025). TASK 1.5 DELIVERABLES • Schedule for Contract 24-093 and Amendment 1 Tasks (electronic pdf) TASK 1.5 ASSUMPTIONS • City will provide one list of consolidated comments on the draft schedule. Comments will be addressed and incorporated into the final schedule. 6.4 Existing Culvert Technical Condition Assessment and Technology Compatibility Otak will utilize the following corrosion guidance documents to estimate the service life of the existing corrugated metal plate pipe: o WSDOT BDM Section 6.7 Corrosion of Steel Foundations and Buried Structures o CalTrans Corrosion Guidelines V3.2 o Manufacturer product data (i.e. Contech) The service life estimation will rely on geotechnical data for soil pH and the corrosivity properties of the Gilliam Creek and Green River draining within the culvert. The Gilliam Creek and the Green River water chemistry Otak — Scope of Work 48 properties will be based on analytical information from publicly available reports and the vegetation type and conditions at the site. If reports can be found with the water chemistry information, assumption will be made based on the known freshwater conditions at the site and factors that can be assigned within the corrosion guidance documents. Otak will consult with a testing provider to determine cost and methods to take core samples of the existing culvert and have the level of corrosion analyzed by a steel materials lab. If the City requests the testing to be performed, a request for authorization of Management Reserve funds will be made to cover the vendor expenses for testing. Otak will assess optional materials for coating or slip -lining of the existing culvert to extend the service life that are compatible with the proposed Alternative 1 flood gate retrofit and fish passage criteria. Criteria to be considered includes SRT/MTR actuator arm installation inside the culvert, aquatic organism compatibility, and abrasion. TASK 6.4 DELIVERABLES • Existing Culvert Condition Assessment and Technology Compatibility - narrative of findings for future Phase II Alternatives Analysis Report (Draft and Final, electronic pdf) TASK 6.4 ASSUMPTIONS • City will provide one list of consolidated comments on the draft narrative of findings for future Phase II Alternatives Analysis Report. Comments will be addressed and incorporated into the narrative. 6.5 Alt 1 Retrofit Option Feasibility Study - Integrating STR/MTR Otak will develop schematic design plans for Alternative 1 focusing on retrofitting the existing culvert with a side hinge self-regulating tide gate with muted tidal regulator (SRT MTR). The schematic design plans are estimated to include the following sheets: o Culvert Cross Section and Elevation (depicting MTR actuator integration) o Culvert Inlet Treatment Details integrating MTR float apparatus o Culvert Outlet Details for installing an SRT gate at the existing outlet concrete headwall and apron structure Otak will reach out to a regional manufacturer of side hinge self-regulating tide gate with muted tidal regulators (SRT MTR) to discuss constructability issues related to retrofitting the existing culvert with this technology including issues related to debris interrupting gate function, mitigating design approaches, and anticipated maintenance. A meeting with be conducted with the manufacturer representative, City staff, and Otak engineers including hydraulic and structural engineers. Details of a SRT MTR that can be incorporated into the schematic plans will be requested from the manufacturer. • This task is intended to understand the viability of retrofitting the existing culvert and address the following issues: • Compatibility of MTR actuator arm technology with a 208 LF length of culvert. • Compatibility of slip lining or CIPP technology with MTR actuator technology running inside/on the ceiling of the culvert. • Can the actuator arm be installed in a new, parallel conduit? • What is the risk of debris entanglement on MTR float system. • What is the risk of debris entanglement on the actuator arm if it runs through the culvert the existing culvert? • How much conveyance capacity is reduced with the actuator arm being installed inside the current Otak — Scope of Work 49 culvert? • What is the ability or lack of ability to prevent debris build up on MTR float system that would interfere with its function? • Can the MTR float system be placed downstream? Otak will prepare a narrative with the schematic plans documenting design criteria, design considerations, constructability issues, and maintenance issues. TASK 6.5 DELIVERABLES • Alternative 1 Schematic Design Plans (draft and final, electronic pdf) • Alternative 1 Schematic Design Narrative for future Phase II Alternatives Analysis Report (draft and final, electronic .docx format) TASK 6.5 ASSUMPTIONS • City will provide one list of consolidated comments on the draft plans and draft report Section. Comments will be addressed and incorporated into the final schematic design plans and final section for inclusion in the future Phase 11 Alt. Analysis. 6.6 Levee Setback Feasibility Assessment 6.6.1 Levee Setback South Extension Feasibility Assessment This task will assess the feasibility of excavating and setting back the levee face to the south of the project site and east of public parking. Otak will start by reviewing the agreement in place between the City and the property owner to the south for shared parking lot use. Otak will review LIDAR surface and Tukwila topographic basemap data and assess the potential extents of levee setback slopes or vertical walls that would be required to provide levy protection up to the current levy top height and the future projected levy raising height of approximately 5' additional height to provide flood protection during a 500-yr flood event. The conceptual setback extents will be shown and described on a GIS plan figure, an engineering cross section depicting existing conditions, 100-year and 500-year proposed elevations, and a narrative description of the improvements and constructability issues. The figures and narrative will be provided in a technical section to be added to the future Phase II Alternatives Analysis Report. TASK 6.6.1 DELIVERABLES • Plan and Cross section depicting the Green River, Green River Trail and Public Parking (draft and final, electronic pdf) • Narrative Description of levee setback solution element and constructability issues to be integrated into future Phase 11 Alternatives Analysis Report (draft and final, electronic .docx format) TASK 6.6.1 ASSUMPTIONS • City will provide one list of consolidated comments on the draft figures and narrative description. Comments will be addressed and incorporated into the final figures and final narrative. 6.7 Three Additional Alternative 3 Options E, F, &G (Optimize Alignment) Otak will develop three additional options for the Alternative 3 alignment (Optimized Alignment). The options will be labeled E, F, and G. Conceptual plans and cost estimate will be prepared for each new option in the same Otak — Scope of Work 50 format as the initial set of alternative figures and costs provided by Otak under a previous contract. The options will consist of the following crossing structures: (E) In -kind 9-Foot Dia. CMP (F) Upgraded 10-Foot width box culvert (F) Upgraded 15-foot width box culvert Each alternative will include corresponding inlet and outlet structures (head, apron and wing walls) and the figures will also demonstrate the channel section and streambed approaching the structures, and channel section and streambed through the crossing structure. The intent is to establish an alternate in -kind replacement option, comparable to the retrofit option, that the City would be responsible for, and two incremental upgrades to be considered for cost sharing with other parties to improve fish and debris passage. Otak will prepare a narrative description with the concept plan for each alternative documenting design criteria, design considerations, constructability issues, and maintenance issues. TASK 6.7 DELIVERABLES • Concept plans and cost estimates for each of the Alt 3 optional culverts (draft and final, electronic pdf) • Concept Design Narrative for each alternative for future Phase II Alternatives Analysis Report (draft and final, electronic .docx format) TASK 6.7 ASSUMPTIONS • City will provide one list of consolidated comments on the draft concept plans, cost estimates, and narratives. Comments will be addressed and incorporated into the final conceptual design plans, estimates, and narratives. 6.8 Preferred Alternative - Plan, Estimate, and Construction Schedule Otak will conduct review meetings with the City to compare the new Alt 3 options developed under Task 6.7. Through the meetings and review comments from the City, a preferred alternative will be selected for development of schematic plans, construction cost estimate, and construction schedule suitable for grant funding applications. The schematic plans will show proposed confluence habitat improvements for the preferred alternative and will incorporate the upstream habitat improvements being developed under a separate task. Cross -sections will be developed to show the grading for habitat enhancement upstream and downstream of the crossing structure. The schematic plans are anticipated to include the following sheet list developed in AutoCAD: The schematic design plans are estimated to include the following sheets developed in AutoCAD: o Overall Site Plan o Culvert Plan and profile o Site Cross -Section Details o Culvert Inlet and Outlet Details (Headwalls and retaining wall structures) o Habitat Landscaping and Large Woody Material Plan o Channel Section Details The cost estimate and construction schedule will be developed in the same format as the initial Alt 3 cost and schedule developed by Otak under a previous contract. TASK 6.8 DELIVERABLES • Preferred Alternative 3 Option Schematic Design Plans (draft and final, electronic pdf) • Preferred Alternative 3 Option Construction Cost Estimate (draft and final, electronic pdf) Otak — Scope of Work 51 • Preferred Alternative 3 Option Construction Schedule Estimate (draft and final, electronic pdf) TASK 6.8 ASSUMPTIONS • City will provide one list of consolidated comments on the draft plans, cost estimate and construction schedule. Comments will be addressed and incorporated into the final schematic design plans and final construction cost estimate and final construction schedule. 10.2.1.A Culvert Inlet Erosion Repair Preliminary Design and Permitting Memo Otak will prepare a Preliminary Design and Permitting 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 provide a summary of Tukwila's efforts to implement fish passage improvements at the confluence of Green River and Gilliam Creek, including work completed to date, secured grants, unsuccessful grant applications and debrief information, and the proposed pathway for implementing passage improvements. The memo will also describe the permitting nexus for federal and local agencies for the inlet erosion repair work and how those agencies will be engaged with future fish passage improvements if grant funding can be obtained. The memo will also include proposed habitat enhancement measures that are proposed to be installed with the erosion repair to compensate for impacts. This memo is intended to describe the necessary near -term erosion repair improvements and to provide documentation that the City can utilize in preliminary discussions with permitting agencies and working to obtain endorsements for the future fish passage improvements that will support funding applications. TASK 10.2.1.A DELIVERABLES • Preliminary Design and Permitting Memo (draft and final, electronic pdf) • Early coordination presentation slides for dissemination with memo and use during early coordination meeting and as print out during site visit under Task 10.2.1. (draft and final, electronic pdf) TASK 10.2.1.A ASSUMPTIONS • City will provide one list of consolidated comments on the draft memo. Comments will be addressed and incorporated into the final memo. • City will provide one list of consolidated comments on the draft presentation slide deck. Comments will be addressed and incorporated into final slide deck for early coordination. Otak — Scope of Work 52 Exhibit B-2 City of Tukwila - Gilliam Creek Fish Barrier Removal and Habitat Enhancement Fee Estimate - AMENDMENT NO. 1 Otak Project #020610.003 September 2024 WATER & NATURAL RESOURCES ENGINEERING ENVIRONME NTAL SCIENCES STRUCTURAL TRANSP & INFRASTRU PLANNING & CTURE LANDSCAPE ADMIN Otak Task Description Sr. PIC/Sr. PM Civil Civil Engineer X Civil Engineer VII Engineering Designer IV Scientist VI Civil Engineer X Civil Engineer VI Civil Engineer X Landscape Architect IV Project Coord I Otak Total Hours Otak Budget by Sub -Task Total Budget By Task Project Management and Coordination 1.5 Schedule Preparation 12 8 4 24 $5,064.00 $5,064.00 6.0 Alternatives Analysis 6 24 70 16 6 6 128 $24,502.00 $24,502.00 6.4 Existing Culvert Technical Condition Assessment and Technology Compatibility 2 10 20 16 6 8 62 $11,492.00 $11,492.00 6.5 Alt 1 Retrofit Option Feasiblity Study Integrating STR/MTR 4 14 34 16 10 16 94 $17,958.00 $17,958.00 6.6 Levee Setback Feasibility Assessment 6.6.1 Levee Setback South Extension Feasibility 2 10 18 28 6 64 $11,318.00 $11,318.00 6.7 Three Additional Alt 3 Options E, F, & G (Optimize Alignment) 6 24 66 32 14 24 6 172 $32,570.00 $32,570.00 6 8 Preferred Alternative Plan, Estimate, and Construction Schedule 4 18 36 24 8 14 6 12 122 $22,598.00 $22,598.00 10.2.1 Agency Meeting and Coordination 6 6 8 20 $4,140.00 $4,140.00 10.2.1.A Culvert Inlet Erosion Repair Preliminary Design and Permitting Memo 8 28 8 44 $8,628.00 $8,628.00 Total Hours 24 126 286 132 26 44 62 12 12 6 730 Current Billing Rate $344.00 $231.00 $183.00 $130.00 207.00 $231.00 $171.00 $231.00 $144.00 127.00 Total Labor Cost $8,256.00 $29,106.00 $52,338.00 $17,160.00 $5,382.00 $10,164.00 $10,602.00 $2,772.00 $1,728.00 $762.00 $138,270.00 $138,270.00 050 Direct Expenses Project Total $138,270.00 Notes: (1) Billing rates may vary based on the actual staff performing the work. O:\PROJECT\20600\20610\08 Corporate\Contracts\Scoping\08_20610.003 Potential Amendment\GCFBR_Amend 1 LOE_Draft_2024_0911.xis 53 Page 1 of 1 9/17/2024