HomeMy WebLinkAbout25-045 - Contract - Herrera Environmental Consultants, Inc. - Design Services: Chinook Wind ExtensionCity of Tukwila Contract Number: 25-045
Council Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Herrera Environmental Consultants, Inc., hereinafter referred to as
"the Consultant', in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform design services in
connection with the project titled Chinook Wind Extension.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending 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.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed —$99,987.00 without express written modification of the
Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020 Page 2
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and
shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020 Page 3
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising
from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
2200 Sixth Avenue
Suite 1100
Seattle, WA 98121
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020 Page 4
DATED this 10th day of February 12025
CITY OF TUKWILA CONSULTANT:
Signed by:
DS
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Signed by:
Andy Youn-Barnett, City Clerk
APPROVED AS TO FORM:
Signed by:
5E499CA 55E452...
Office of the City Attorney
By:
Printed Name: Theresa Wood
Title: Vice President
CA revised May 2020 Page 5
QAJ.
Science + Planning + Design
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1
On November 13, 2024, Mike Perfetti authorized Herrera Environmental Consultants (Herrera) to prepare
a scope of work and cost estimate to perform engineering design and permitting work for the City of
Tukwila (the City). Herrera will advance the preliminary Duwamish shoreline restoration design developed
for the Tukwila Public Works Administrative Campus project as a separate project and, in this initial step,
evaluate the feasibility of integrating the design with the King County (the County) Chinook Wind
Mitigation project. The revised project will be referenced as the Chinook Wind Extension Project.
This scope of work includes a discussion of the activities, assumptions, deliverables, and a schedule
associated with this project.
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Herrera's project manager, Christina Merten, will be responsible for ongoing administration of the
project, including preparing invoices and progress reports, as well as coordination of work efforts with
the designated client point of contact (Mike Perfetti or Josh Hopkins). Herrera's project manager will have
phone and e-mail contact with the City on an as -needed basis.
Herrera will use an established system of quality assurance/quality control review to ensure high quality
deliverables that comply with the requirements of the scope of work, as well as provide responsive and
technically accurate work product. Work products will be reviewed by technical leads, technical editors,
the project manager, and ultimately by the Principal In Charge and Licensee of Record, Jeff Parsons.
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e Herrera PM will attend virtual project status update meetings for up to 30 minutes per month.
e Progress reports and invoices.
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Herrera will work with the City and the County Mitigation Reserve Program to determine what revisions
to the Chinook Wind Mitigation Site will be allowed by the County and the Interagency Review Team
(IRT) that regulates the Chinook Wind Mitigation Site. Work will include revision of hydraulic models for
January 29, 2025 Page 1 of 5 6
cm 08574_scopeofwork_january31_2025.docx HERRERA
the combined sites based on updates to the Shoreline Restoration Design Development level grading
design developed in 2024. It is anticipated that this updated grading plan would be to a 30% design level
of detail. Up to one meeting each with the Muckleshoot Indian Tribe and IRT to review potential updated
shoreline restoration concept is included. Based on meetings with Muckleshoot Indian Tribe, IRT, and the
County, additional minor revisions to the 30% grading design will be made and one additional model run
will be executed. This work will involve coordinating meetings, attending meetings, and documenting
action items and key decisions made during meetings. Meetings will be held between February and April
2025. Based on discussions and agreements arrived at during meetings, Herrera will work with the City
and County to draft a Memorandum of Understanding (MOU) to document decisions that will influence
the design of the Chinook Wind Extension project going forward. This MOU will be submitted to the City
in draft format for the City to finalize and receive agreement on with the County once IRT agreement is
reached for the revised design.
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• The City and Herrera staff will attend a virtual project kickoff meeting for up to 2 hours to discuss
project design focus and needs. Herrera project manager and technical staff will attend the
meeting, which will include a landscape architect, restoration engineers, and biologists.
• The County will share with the team the one-dimensional hydraulic model developed to design the
original Chinook Wind Mitigation Site project.
• Topographic information from the Chinook Wind Mitigation Site as -built and the existing Tukwila
shoreline restoration model will be merged into a single topographic surface.
• Hydraulic modeling created for the Tukwila Public Works Administrative Campus will be updated for
up to two alternatives of minor site adjustments based on advancement of 30% design.
• The model software to be used will be determined during the preliminary discussions with the City
and County.
• No new topographic survey will be required.
• The design concept and modeling does not evaluate or consider sea level rise or other projected
climate changes.
• Coordination does not include coordination with Federal Emergency Management Act (FEMA) or
Conditional Letter of Map Revision (CLOMR) regarding revisions to design and hydraulic model
results.
• Herrera will coordinate, attend, and provide documentation of action items and key decisions made
during meetings for up to five virtual meetings with the County, the City, the IRT, and/or the Tribe
for up to 2 hours each.
e Herrera will provide King County a GIS map of revised habitat types and area based on final 30%
level grading design.
January 30, 2025 Page 2 of 5
=08574_scopeofwork_january31_2025.dooc H E RRE RA
• King County will provide the City a summary of the potential effects on mitigation credits based on
revised habitat types and areas for the combined sites.
e Task does not cover any permit applications or revisions to applications.
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Draft (MS Word version) and Final (PDF version) meeting action items and key decisions within 2
weeks of meetings.
e Draft (MS Word version) of MOU between the City and the County documenting decisions captured
in meeting minutes.
Draft (MS Word version) and Final (PDF version) technical memo summarizing hydraulic modeling
results based on 30% grading design update agreed to during meetings with the City, IRT and
Muckleshoot Indian Tribe.
Draft (MS Word version) and Final (PDF version) technical memo describing mitigation options and
potential mitigation credit value for work on the City -owned property and any proposed changes to
Chinook Wind Mitigation Site habitat types.
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If the City opts to move forward with expanding the shoreline restoration design completed as part of
the Tukwila Public Works Administrative Campus Project to include integration with the Chinook Wind
Mitigation Site following the outcomes of Task 2.0, it may may authorize Task 3.0. The Shoreline
Restoration developed for Tukwila Public Works Administrative Campus project involves laying back the
banks, regrading the banks, removing invasive vegetation, reconfiguring a stormwater outfall,
revegetating the shoreline with native plant species, connecting the publicly accessible trail between
Duwamish Gardens Park and the Chinook Wind Mitigation Site, and adding habitat features. Under Task
3.0, the Tukwila Public Works Administrative Campus Shoreline Restoration Design Development and
Nationwide Permit package will be modified and combined to incorporate the agreed upon Task 2.0
concept by reducing the extent of the upland area that was to remain between the two sites. The
updated 60% design package will maximize the extent of shoreline habitat restoration to support salmon
recovery and ensure consistency with and connectivity to the adjacent and previously restored sites.
Herrera will be the lead for this task including site grading, vegetation restoration, trail design, adding
relevant habitat features, and shoreline and vegetation restoration. Herrera will also include revised
quantities to support cost estimates and create a 60% design specification package.
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e Herrera will not begin Task 3.0 until there is agreement on grading design to move forward as
captured in meeting notes that occur as part of Task 2.0 or upon direction by the City.
January 30, 2025 Page 3 of 5 6
=08574_scopeofwork_january31_2025.dooc H E RRE RA
• Task does not cover any permit applications or revisions to applications; though the 60% design
package will be suitable for US Army Corps of Engineers (USACE) permit application, including
required drawing formats.
• Coordination does not include coordination with FEMA or CLOW regarding revisions to design
and hydraulic model results.
• 60% design package will not include a lighting plan, irrigation plan or wayfinding plan. Advancing
these designs will be scoped as an amendment to this document.
• One round of consolidated comments from the City will be incorporated into the 60% Design
Document package.
• This task does not include additional coordination with, or addressing comments from, the County,
IRT, or Tribe past those received during Task 2.0.
• Additional work to advance the design through permitting, County, IRT and/or Tribe approval will
be scoped as an amendment to this document.
• All work associated with Task 3.0 will be completed in 2025. If work extends beyond 2025 Herrera
rates will need to be updated and a new budget will be provided.
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a 60% Design Documents (PDF)
o Cover Sheet meeting USACE Nationwide Permit drawing requirements
o Legend and Abbreviations
o TESC Plan
o TESC Notes (SWPPP)
o TESC Details
o Key Plan
o Overall Site Reference Plan meeting USACE Nationwide Permit drawing requirements that will
include:
■ One 22x34 sheet
o Site Grading and Drainage Plan and Details meeting USACE Nationwide Permit drawing
requirements that will include:
■ Up to two 22x34 sheet at 20 scale
■ Preliminary contour grading with 1 -foot contours at all hardscape and softscape areas
including all landform grading intentions such as slopes, hills, and swales.
■ Key spot elevations at any walls, fences, or railings.
■ Primary drainage structures and with preliminary spot elevations.
January 30, 2025 Page 4 of 5 6
=08574_scopeofwork_january31_2025.dooc H E RRE RA
■ Slope arrows depicting direction of slopes and percentages.
o Planting Plan and Details meeting USACE Nationwide Permit drawing requirements that will
include:
■ Up to two 22x34 sheet.
■ Planting layout of all tree species and understory planting including shrubs, perennials, and
grasses represented with hatch patterns.
■ Planting Plan reference notes.
■ Plant schedule that includes tree symbols, planting zone hatch patterns, plant genus and
common name, plant size and quantity.
■ Planting details.
o 60% level Specification package (Word)
o Quantities to support construction cost estimates (PDF)
January 30, 2025 Page 5 of 5 6
=08574_scopeofwork_january31_2025.dooc H E RRE RA
QAJ H E R RE RA
Cost Estimate for
Herrera Project No.
2/3/2025
Herrera Labor based on
Marten, Christina
Parsons, Jeff
Van Orden, Emma
Forester, Kate
Rapoza, Danielle
Crickmore, Ian David
Fox, Michelle
Marshall, Eric
Webber, Michael
Dendall, Tamara
Nichols, Allison
Lux, Gretchen
Holtz, Liza (Marv)
EXHIBIT B
Chinook Wind Extension Project
24-08574-000
Burdened Labor Rates
Scientist VII
Engineer VI
Engineer 11
Landscape Architect VI
Scientist 111
GIS Analyst V
Administrative Coordinator 111
CAD Technician V
Project Accountant 111
Engineer l
Engineer 111
Scientist V
Landscape Designer 11
Task No.
$316.87
12
35
8
55
$305.33
2
33
9
44
$163.24
2
80
20
102
$254.78
2
20
19
41
$154.17
2
44
8
54
$203.24
1
6
7
$130.27
1
12
13
$189.17
2
16
42
60
$148.66
9
9
$127.08
40
40
$177.05
4
4
$257.49
1
12
13
$136.88
2
20
42
64
Total Hours per Task
36
] 322 I
148 I
506
Subtotal Labor
$8,138
I $63,533 I
$28,316 I
$99,987
Subtotal Herrera Labor
$8,138
I $63,533 I
$23,316 I
$99,987
Grand Subtotal $8,138 I $63,533 1 $28,316 I $99,987
Grand Total
Note: Herrera adjusts labor rates annually in January unless contract specifies otherwise.
PROJECT: Chinook Wind Extension Project# 9234
DESCRIPTION:
Following the Public Works Facility Preferred Master Plan (2019) and the Duwamish Gardens Opportunities
for Expansion Concept Plan (2013), this project will develop connecting shoreline habitat and the'missing
trail link' between Duwamish Gardens and Chinook Wind within recently acquired City property.
This is a work in progress. The Green Infrastructure Program Proposal is intended, in part, to address
MAINTENANCE IMPACT• maintenance needs for PW -initiated habitat restoration projects and helping to alleviate pressure on Parks'
given resource constraints. Note that vegetation management maintenance needs decrease over time as
planted vegetation matures. 3 years is considered a rule of thumb for plant establishment.
FINANCIAL (in thousands) 1 2025 1 2026 1 2027 1 2028 1 2029 1 2030 1 Beyond I TOTAL
Project Costs
Project Mgmt (Staff Time/Cost)
$ 10
$ -
$ -
$ -
$ -
$ -
$ -
$ 10
Design
$ 50
$ -
$ -
$ -
$ -
$ -
$ -
$ 50
Construction Mgmt.
$ 200
$ -
$ -
$ -
$ -
$ -
$ -
$ 200
Construction
$ 1,000
$ -
$ -
$ -
$ -
$ -
$ -
$ 11000
Contingency
$ 25
$ -
$ -
$ -
$ -
$ -
$ -
$ 25
Total Project Costs
$ 1,285
$ -
$ -
$ -
$ -
$ -
$ -
$ 1,285
Project Funding
Proposed Grant
$ 1,000
$ -
$ -
$ -
$ -
$ -
$ -
$ 1,000
Utility Revenues
$ 285
$ -
$ -
$ -
$ -
$ -
$ -
$ 285
Total Project Funding
$ 1,285
$ -
$ -
$ -
$ -
$ -
$ -
$ 1,285