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HomeMy WebLinkAbout24-093 - Contract - OTAK, Inc - Engineering and Design Services: Gilliam Creek Fish Barrier Removal ProjectCity of Tukwila Agreement Number: 24-093(c) Council Approval N/A • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment #3 Between the City of Tukwila and Otak, Inc. That portion of Contract No. 24-093 between the City of Tukwila and Otak, Inc. is hereby amended as follows: Section 3: Duration of Agreement; Time for Performance: The Consultant shall perform all services and provide all work product required pursuant to this agreement no later than December 31St, 2025. All other provisions of the contract shall remain in full force and effect. Dated this 25th CITY OF TUKWILA day of June , 202a_ Signed by: Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: 1 Ean'B_t'3'B S -T4 Jennifer Marshall, Deputy City Clerk APPROVED AS TO FORM: Signed by: 0-4. Office of the City Attorney CONTRACTOR: By: Printed Name: TYSON HOUNSEL Title: WNR BUSINESS UNIT LEADER CA Reviewed May 2020 Page 1 of 1 City of Tukwila Agreement Number: 24-093(b) Council Approval 12/2/24 6200 Southcenter Boulevard, Tukwila WA 98188 a CONTRACT FOR SERVICES Amendment # 2 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-3 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 Exhibit B-3 attached hereto, provided that the total amount of payment to the Consultant for that work shall not exceed $769,952.00 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 $1,311,156.42 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 23rd day of December , 2024 CA Reviewed May 2020 page I of 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 a CITY OF TUKWILA CONTRACTOR: �S� Fed by: t�14&s A1.GW Thomas McLeod, Mayor ATTEST/AUTHENTICATED: DocuSigned by: FOR AndyYoun, ityerk APPROVED AS TO FORM: Signed by: . �. sem. Office of the C�tyAfforney By: Printed Name: Russell Gaston Title: Principal, Sr. Vice President CA Reviewed May 2020 page 2 Of 2 EXHIBIT A-3 SCOPE OF WORK DESIGN/ENGINEERING SERVICES City of Tukwila Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project OTAK Project No. 20610.003 November 2024 Amendment No. 2 Introduction and Background The scope of work for the previous amendment provided services to refine alternatives and develop the preferred alternative to concept design level and cost estimate. The scope of work for this Amendment No. 2 advances the preferred alternative into preliminary design including background hydraulic assessment. The Scope of Services for Amendment No. 2 is described in detail in the following sections. SCOPE AND BUDGET MODIFICATIONS 1.0 Project Management and Coordination 1.1 Coordination with City This task is expanded in level of effort to provide project management for the additional services included under Amendment No. 2. Otak will coordinate with the City of Tukwila on a regular basis by phone and email to keep the City's project manager informed about project progress, project issues and schedule. Otak will assist in scheduling project related meetings, reviews, and other coordination activities needed to keep the project moving forward. Regular communication with the City will occur on a weekly basis, and status reports will be provided to the City summarizing the status of action items and deliverables. This task will also include coordination with the City about next phases of work including development of work descriptions and scopes of services. Next phases of work to be discussed and defined with the City are anticipated to include: 1. Implementation Planning 2. Engagement with Stakeholders and Public Outreach 3. Final Design 4. Permitting for Construction 5. Construction Support Otak — Scope of Work 1.4 Project Monitoring and Reporting Project monitoring and reporting will include the coordination of design team members, project schedule updates, and the preparation of a monthly progress report and a monthly billing statement. TASK 1 DELIVERABLES • Status reports submitted to the City by email (electronic PDF file format) • Schedule updates submitted to the City by email (electronic PDF file format) • Monthly progress report and monthly invoice (electronic PDF file format) TASK 1 ASSUMPTIONS • The duration for this phase of the project is assumed not to extend beyond July 30, 2025. NEW SCOPE TASKS 4.0 Topographic Survey and Basemap 4.2 Supplemental Topographic Surveying and Mapping of Green River Otak provided topographic survey of the project improvement area under previous tasks. After the initial survey, the extents of potential improvements have expanded and the complexity of related hydraulic modeling has increased. Under this task, Otak will provide supplemental topographic survey and will update the electronic basemap to reflect the current conditions along the Green River and public trail and roadway area to the south of the existing culvert. The extents of supplemental survey include: are shown in Attachment A -Survey Extents Map. The topographic survey requirements include the following: ■ Vertical Datum: NAVD 88 ■ Horizontal Datum: State Plane Coordinates (Washington North Zone, NAD 83/91 adjustment) ■ Contours at a maximum interval of 1' ■ TIN surface ■ Surface features: • Top/Toe of slopes • Channel thalweg • Top of bank • Toe of bank • Culvert invert elevations • Vegetation including trees, shrubs, fallen trees in stream over 8 -inches in diameter • Boulders or rocks in the stream greater than 12" across • Rock scour protection limits in place around culvert inlet Mapping shall be consistent with City of Tukwila Infrastructure Design and Construction standards. TASK 4.2 DELIVERABLES ■ Updated Topographic Base Map (Scale 1" = 20 feet) with one -foot contour intervals (AutoCAD DWG file format) TASK 4.2 ASSUMPTIONS ■ If required, the City will obtain right -of -entry for the parcels for the area of survey. Otak — Scope of Work If a ROW Permit is required, Otak will coordinate with the City and will submit the ROW application. Traffic Control is assumed to be limited and not requiring flagging. 5.0 Hydrology and Hydraulics 5.6 Gilliam Creek Flap Gate Replacement Flood Study - Proposed Conditions Otak previously developed a preliminary existing conditions model under Task 5.5. Under Task 5.6, the preliminary existing conditions model will be finalized and will be the basis for the creation of proposed conditions models. The proposed conditions modeling will assess the effects of replacing the existing Gilliam Creek flapgate with two different flood gate technologies including: 1. Self-regulating tide gate with muted tidal regulator 2. Motorized sluice gate The study is intended to evaluate the hydraulic effects of these replacement gate options on the upstream conveyance network and operation of the Strander pump station and P17 pump station flood protection facilities. The study will consider options for flood gate open and close settings and will evaluate changes between the existing conditions and proposed conditions models such as: 1. Water surface elevations in Gilliam Creek at the project site including duration analysis for key habitat zones 2. Water surface elevations in the primary stormwater trunkline conveyance pipes that typically drain into Gilliam Creek 3. Pump station run times during select storm event periods and releases from the Howard Hanson Dam based on historical data TASK 5.6 DELIVERABLES • HSPF-SWMM Electronic Model TASK 5.6 ASSUMPTIONS • The model developed under this task is intended to evaluate changes in the water surface within Gilliam Creek and the related changes to the City conveyance trunklines and pump station usage between existing and proposed conditions. 5.7 Gilliam Creek Flap Gate Replacement Flood Study Report Otak will prepare a report summarizing the hydrologic and hydraulic modeling methods used and the key factors and criteria identified through the study that must be met to provide fish passage to the extent feasible while still maintaining the flood protection. It is anticipated that the report will contain up to six GIS maps such as: o Study Area Map o Model Schematic layout o Low -flow scenario drainage map o High-flow scenario drainage map o High-flow and low -flow inundation figures Otak will conduct an intake meeting with Tukwila prior to City review of the draft report. Otak — Scope of Work TASK 5.7 DELIVERABLES • Draft Flood Study Report • Comment Responses • Final Flood Study Report TASK 5.7 ASSUMPTIONS • Reports will be delivered in electronic .pdf format. • City will provide one list of consolidated comments on the draft report. Comments will be addressed and incorporated into the final report. 5.8 Open Channel Hydraulic Analysis for Proposed Improvement Area 5.8.1 Preliminary Hydraulic Analysis 5.8.1.A Preliminary Hydraulic Modeling Otak will complete hydraulic analyses of the existing and proposed conditions to evaluate the hydraulic conditions as a result of the project. The existing conditions and proposed conditions will be modeled using either the Federal Highway Administration (FHWA) and U.S. Bureau of Reclamation's SRH -2D software (2020), or the U.S. Army Corps of Engineers HEC -RAS 2-D (2019) software to evaluate hydraulic conditions for the preliminary design. It is assumed that the model domain will include the following: • 700 -foot segment of Gilliam Creek extending upstream from the confluence with the Green River • 1,200 -foot segment of the Green River extending upstream from the south side of the I-405 bridge. The model 2D mesh will be constructed from the topographic survey basemap prepared by Otak including supplemental survey obtained along the Green River under Task 4.2. Steady-state inflow boundary conditions will be used based on HSPF modeled peak flows or flow duration curves, and the models will be run over a long enough simulation time to establish steady-state hydraulic grade lines. The evaluation of the hydraulic conditions from existing to proposed conditions will include the change in water surface elevations, depths, velocities, and shear stresses. The proposed water surface elevations will be used to establish the minimum height for the culvert replacement based on freeboard and debris clearance under flood gate open conditions. The velocity results will be used to inform the design about potential fish -passage conditions, stream channel stability, and wood structure placement for the stream improvements. Preliminary scour calculations will also be performed at the crossing structure and along the modified river embankment and scour counter measures will be included in the design, if warranted. The results of the analyses will be used to inform the proposed stream restoration design. 5.8.1.13 Hydraulic Analysis QA/QC Otak will coordinate with a subconsultant to provide an independent senior technical hydraulic quality assurance and quality control review, in addition to Otak's internal quality control reviews in Task 11.1.3. The subconsultant will review the hydrologic data and preliminary hydraulic analysis summary results prepared in the Phase 1 Otak — Scope of Work Alternatives Analysis Report. They will consult with the design team at the start of 30% design and will perform progress reviews of the hydraulic model developed under Task 5.8.1.A. The subconsultant has expertise in flood gates and will provide guidance on model setup and review of results for the selected flood gate and operational settings. 5.8.1.0 Preliminary Hydraulic Documentation Otak will prepare a preliminary hydraulic documentation report that summarizes the findings and conclusions from the hydraulic analysis completed in Task 5.8.1.A. The Report will summarize the following topics: ■ Hydrologic flow rates used in the hydraulic analyses ■ Hydraulic conditions including water surface elevations, depths, and flow velocities under existing and proposed conditions ■ Channel stability calculations ■ Potential areas of channel erosion, sediment deposition ■ Calculated preliminary scour depths at the crossing structure (100 -year, and 500 -year event) A draft and final preliminary hydraulic memorandum will be submitted to the City. The final hydraulic analysis for basis of final design will be performed under a future scope of work during final design. TASK 5.8.1 DELIVERABLES • Draft Preliminary Hydraulic Analysis Report (pdf) • Final Preliminary Hydraulic Analysis Report (pdf) TASK 5.8.1 ASSUMPTIONS • SRH -2D or HEC -RAS 2D software will be used for development of the hydraulic model. • Velocities and stream power will be used to perform a qualitative assessment of potential erosion and deposition under proposed conditions, and no quantitative sediment transport calculations will be performed. • Wood stability calculations will not be performed during the preliminary hydraulic analysis to support 30% design. • City will provide one list of consolidated comments on the draft report. Comments will be addressed and incorporated into the final report. • The final hydraulic analysis for basis of final design will be developed under future scopes of work during final design. 6.0 Alternatives Analysis 6.9 Alternatives Analysis Report - Phase 2 Otak previously prepared a Draft Alternatives Analysis Report under a separate task. Under this Task 6.9, Otak will update the report to summarize findings of alternatives refinement work performed under Task 6.3 thru Task 6.8. The report will include a recommendation for a preferred alternative. TASK 6.9 DELIVERABLES • Alternatives Analysis Report Phase 2 (Draft and Final, electronic pdf) Otak — Scope of Work TASK 6.9 ASSUMPTIONS • City will provide one list of consolidated comments on the draft Phase 2 Alternatives Analysis Report. Comments will be addressed and incorporated into the final report. 7.0 Geotechnical Services (Subconsultant) 7.2 Geotechnical 30% Preliminary Design The Phase 1 Geotechnical Investigation performed under a previous contact identified the presence of underlying liquifiable soils and the need for ground improvements beneath proposed structural elements. Under Task 7.2, a geotechnical subconsultant will prepare 30% design plans and a construction cost estimate for the bid items related to the ground improvements work to be incorporated into the master estimate prepared under Task 11.1.2. TASK 7.2 DELIVERABLES • 30% Design plan sheets for ground improvements to be incorporated into plan set developed under Task 11.1 (half-size pdf) • Construction Cost Estimate for ground improvements bid items TASK 7.2 ASSUMPTIONS • A detailed scope will be developed with the geotechnical subconsultant at a later date and submitted to the City. An amendment will be prepared to update this scope task prior to commencement of this task work. The task level of effort for the geotechnical 30% design has been estimated for this Amendment No. 2. If required, the task fee will be re -negotiated with the City and modified through a future amendment. 8.0 Utility Coordination 8.1 Franchise Utility Coordination Under a previous contract, Otak identified utilities known to be present at the site and received some utility as - built drawings from utility providers, and a preliminary utility map was developed. Under this Task 8. 1, Otak will update the map to reflect the preferred alternative improvements selected by the City to be advanced into 30% design. Otak will prepare a spreadsheet/matrix summarizing utility conflict locations and actions to be taken. Permit requirements for each location will be included in the matrix. This document will be updated whenever new information becomes available to assure that all utility coordination activities are tracked. Otak will begin communications with franchise utility companies (power, gas, telecommunications, water and sewer, etc.) following the selection of a preferred alternative by the City, to verify locations of existing facilities and to discuss any potential relocation requirements, cost, schedule and recommendations on location of new facilities. It is anticipated that up to three (3) utility coordination meetings will occur with franchise or City utilities that are determined to have conflicts or require relocation. Otak will make recommendations for utilities to be potholed to confirm location after the 30% design. TASK 8.1 DELIVERABLES ■ Utility Coordination Plan ■ Utility Coordination Tracking Matrix TASK 8.1 ASSUMPTIONS ■ Design of relocated utilities will be at franchise utility's expense and is not included in this scope. Otak — Scope of Work No major utility conflicts, that cannot be relocated by the Utility franchise is known or assumed to exist. Potholing of utilities to verify the underground location is not included in this scope but is recommended to be performed after 30% design. 9.0 Stakeholder Engagement 9.2 Agency and Stakeholder Coordination At the City's request, Otak will support the City in coordination with agencies, tribal representatives, and stakeholders to address project designs and respond to comments. Otak will review and provide available information from previous data collected at the site, as requested. As the level of effort for comment responses and coordination cannot be quantified at this time, a total level of effort of 70 hours of staff time is assumed for this scope task. TASK 9.2 DELIVERABLES • Meeting notes (PDF) • Email responses to agency and stakeholder comments 9.4 Engagement Materials At the City's request, Otak will support the City with graphics to communicate project information to the public or other interested parties or agencies such as improvement area maps, impact area maps, schedule, visualizations, presentation slides, content for web postings, and GIS data. As the level of effort for engagement materials and coordination cannot be quantified at this time, a total level of effort of 150 hours of staff time is assumed for this scope task. TASK 9.4 DELIVERABLES • Deliverables are anticipated to include graphics in electronic PDF format, as requested by the City. TASK 9.4 ASSUMPTIONS • Available task budget and the scope of requested deliverables will be discussed with the City project manager prior to commencing work on the requested deliverable. 11.0 Preliminary Design of Preferred Alternative 11.1 Preliminary Design - 30% 11.1.1 30% Preliminary Plans Otak will advance the preferred alternative, selected by the City, to a preliminary (30%) design level. The primary objective of the Preliminary Design is to allow the City to confirm the technical feasibility, cost feasibility, compliance with permitting and grant requirements, maintenance feasibility and practicality, and buy -in from interested parties. Otak will prepare and submit Preliminary (30%) plans, listed in Table 3, that will include plan views of the crossing Otak — Scope of Work structure, crossing structure head walls, site retaining walls, trail, parking lot and habitat grading areas. The plans will also include sufficient preliminary details to illustrate how the facilities will operate and maintenance access will be provided. Table 1 — Anticipated List of Drawings 11.1.2 30% Construction Cost Estimate Otak will estimate quantities and develop an itemized construction cost estimate for one bid package using unit costs based on experience and recent similar project bid tabs. Quantities will be organized into standard bid items (supplemented by additional non-standard items, if necessary) conforming to the project bid schedule. The construction cost estimate will include appropriate contingencies to reflect the level of design complete. 11.1.3 Perform Quality Assurance and Quality Control Otak will implement Quality Assurance and Quality Control to provide ongoing review on all hydrologic and hydraulic modeling and site civil, structural, and landscape design throughout the design of the improvements. Otak will provide quality assurance on all deliverable products to support this task, including work performed by sub -consultants, and submit quality control check -list for all documents produced in this Task 11.1. This task includes: Otak — Scope of Work Cover sheet, Vicinity Map, drawings, TOC 1 N/A Legend and Abbreviations 1 N/A General Notes, Phasing 1 N/A Overall Site and Key Plan 1 1":50' Survey Control Plan and Easements 1 1":50' Traffic Control Plans and/or Detour Plans and Details 1 1":50' Utility Relocation Coordination Plan and Details 2 1":20' Crossing Structure Plan and Section 1 1":10' Outlet Headwall Elevation View 1 1":10' Inlet Headwall Elevation View 1 1":10' 661h Ave. S Rd Restoration Plan and Profile 1 1":20' Green River Trail Plan and Profile 2 1":20' Parking Lot Pavement Plan 1 1":20' Site Structural Details 2 N/A Upstream Habitat Grading and Large Woody Material Plan 1 1":20' Upstream Habitat Grading Section Details 2 N/A Confluence Habitat Grading and Large Woody Material Plan 2 1":20' Confluence Habitat Grading Section Details 2 N/A Large Woody Material Details 1 N/A Upstream Habitat Planting Plan 1 1":20' Confluence Habitat Planting Plan 1 1":20' Flood Gate Electrical Site Plan 1 1":20' Flood Gate Details 1 N/A TOTAL SHEETS 29 11.1.2 30% Construction Cost Estimate Otak will estimate quantities and develop an itemized construction cost estimate for one bid package using unit costs based on experience and recent similar project bid tabs. Quantities will be organized into standard bid items (supplemented by additional non-standard items, if necessary) conforming to the project bid schedule. The construction cost estimate will include appropriate contingencies to reflect the level of design complete. 11.1.3 Perform Quality Assurance and Quality Control Otak will implement Quality Assurance and Quality Control to provide ongoing review on all hydrologic and hydraulic modeling and site civil, structural, and landscape design throughout the design of the improvements. Otak will provide quality assurance on all deliverable products to support this task, including work performed by sub -consultants, and submit quality control check -list for all documents produced in this Task 11.1. This task includes: Otak — Scope of Work 1. Quality Review Checklist signed off by PM, Task Leads and an independent reviewer (as part of Task 5.8.1 B) 2. Reviewer Comments review meeting with the City 3. Written Responses to review comments TASK 11.1 DELIVERABLES 1. Project Preliminary Plans, as listed in Table 1, will be prepared in AutoCAD, and submitted as PDF half -sized. 2. Construction Cost Estimate submittal includes electronic PDF. TASK 11.1 ASSUMPTIONS 1. Work will be performed in accordance with WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (2025 edition). 2. No specifications will be included in the 30% Preliminary Design submittal. 3. Adjustments or relocation of franchise utility will be designed and constructed by the franchising public/private utility company(ies), unless directed otherwise in future scopes of work for final design. 4. The Preliminary design will be based on the design concepts and layout of the Selected Alternative, selected in Phase I of the project. 5. Tukwila will consolidate duplicate comments and approve or remove comments from all City reviewers prior to delivery to Consultant. 6. Major design conceptual changes from the Selected Alternative, from Phase I, is not included in this scope and fee estimate. If major changes are required to the concepts or layout of the Preliminary Design, then Otak will assess the impact of the City required or desired changes, develop and submit contract supplement, with the scope and fee estimate needed to revise the design submittal, and a request to Tukwila for approval to use the Management Reserve Continency to revise the Preliminary Design. 11.2 Value Engineering Review Otak will conduct a value engineering review of the concept design for the preferred alternative developed under Task 6.9. This review will be performed by a team of senior professional staff with a representative from each of the following disciplines: o Water Resources Engineering o Transportation Engineering o Structural Engineering o Landscape Architecture Each review participant will review the Phase 1 Alternatives Analysis Report, alternatives refinement summaries, and preferred concept plans and cost estimate developed under tasks 6.3-6.8. The value engineering review staff will identify opportunities to reduce cost, and ease maintenance of the new facilities, while still meeting the goals of the project, which are described in detail in the Alternatives Analysis. The Value Engineering team will have a kickoff meeting with the project engineer and key designers at the start of the task. During the review, the value engineering team will participate in a progress meeting with the City to and task leads from the design team to discuss review questions and preliminary comments. Final comments from each reviewer will be entered into a table with subcategories for the different disciplines. This table will be submitted to the City for review so any direction for design changes can be given to the design team before completion of the 30% Design. Otak — Scope of Work TASK 11.2 DELIVERABLES • Matrix of value engineering review comments on the concept plans and cost estimate for the preferred alternative (pdf) TASK 11.2 ASSUMPTIONS • This study will precede the 30% Design and Constructability Review tasks, and will provide concerns to be addressed in Task 11.1 and Task 11.3. 11.3 Constructability Review Otak will coordinate and review all work provided by its constructability review subconsultant. Coordination will include scheduling of work, scheduling of meetings, oversight and review of subconsultant deliverables. The Constructability Review will provide comments on construction access, shoring and dewatering methods, traffic control, schedule, and cost from a Contractor's perspective. This will include a field visit and review of the preliminary plans once they are developed to a Draft 30% Level. The constructability review subconsultant will perform the following items: 1. Site Visit 2. Review Preliminary Design and provide comments on the following: a. Means and methods for excavation and shoring especially along liquifiable soils. b. Construction sequencing and staging c. Traffic Control d. Options for accelerating work such as full and partial road closure and night work e. Recommendations for Special Provisions TASK 11.3 DELIVERABLES • Memo summarizing constructability review comments (pdf) • Plan markups (pdf) TASK 11.3 ASSUMPTIONS • This task will be implemented after the Value Engineering Review in Task 11.2 and during the 30% Design. Management Reserve If directed by the City, consultant will provide services needed to assist the City for unforeseen tasks related to this project that were not specifically addressed in this scope of work. When requested by the City, the consultant will provide a scope and budget for the task identified by the City. The consultant will not proceed with the task until written authorization has been provided by the City. The allotted amount for this task is $20, 000.00. Direct Expenses Direct expenses to be submitted for reimbursement include: • Mileage/Travel for site investigations and meetings • Other Misc. Expenses Attachment A — Survey Extents Map Otak — Scope of Work Attachment A - Supplemental Surrey Extents Map Otak — Scope of Work Exhibit ll -B City . T,kl, - Gilliam Creek Fish Barrier R.,.,,l and Habitat Enhancement NO City of Tukwila Agreement Number: 24-093(a) • 6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval 10/7/24 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 31 st day of October '2024 CA Reviewed May 2020 Page 1 of 2 r%City of Tukwila Agreement Number: 24-093(a) .'.4A 6200 Southcenter Boulevard, Tukwila WA 98188 r ** City signatures to be obtained by City Clerk's Staff ONLY. ** CITY OF TUKWILA Signed by: s Thomas McLeod, Mayor ATTEST/RUTH E NTI CATE D: Signed by - Es... Andy Youn, City Clerk APPROVED AS TO FORM: Signed by: 5E499CA4165 E452. _..... Office of the City Attorney ** Contractor signature to be obtained by sponsor staff. ** CONTRACTOR: By:[DoeuSigned by: ru S S ftt GQSto ��ss�FcszaAa�. Printed Name: RUSSELL GASTON Title: Principal CA Reviewed May 2020 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 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 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: Culvert Cross Section and Elevation (depicting MTR actuator integration) Culvert Inlet Treatment Details integrating MTR float apparatus 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 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 II 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 II 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 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 • 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 Exhibit B-2 City of Tukwila - Gilliam Creek Fish Barrier Removal and Habitat Enhancement Fee Estimate - AMENDMENT NO. 1 Otak Frcject #020610.003 September 2024 ENVIRCNME TRANSP & NTAL INFRASTRU PLANNING & WATER & NATURAL RESOURCES ENGINEERING SCIENCES STRUCTURAL I CTURE LANDSCAPE I ADMIN Task Description Sr. PIC/S, PM Civil Civil Engi~teerX Civil Engineer Vll En ineerin Designer lV S-ientist Vl Civil EngineerX Civil Engineer Vl Civil EngineerX Landsca ArchiteatIV Pro'ed CoordI Otak To Hours Otak Bud t by Sub -Task e Total Bud t Il Tasky 1 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 5.5 Alt 1 Retrofit Option Feasibliry Study - Integrating STRMITR 4 14 34 15 10 15 94 $17,958.00 $17,958.00 6.5 Levee Setback Feasibility Assessment 6.6.1 Levee Setback South Extension Feasibility 2 10 18 28 5 64 $11,318.00 $11,318.00 6.7 Three Additional AR 3 Options E, F, & G (Optimize Alignment) 5 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 5 5 8 20 $4,140.00 $4,140.00 10.2.1.A Culvert Inlet Erosion Repair Preliminary Design and Permitting Mema 8 28 3 44 $8,628.00 $8,628.00 Tata/ Hours 24 126 285 132 25 44 fit 12 12 5 730 Gunent 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 Nates' 0) Billing rates may vary based on the actual staff performing the work. Page 1 of 1 0:\ PROJECT\20600\206IMOB Corpora[a\Coniracis�Sceping�AB_20510.003 Potential AnlendnlenPGCFBR_An—d f LOE_Oraf[ 2024_0911.ds 9M7 4 City of Tukwila Contract Number: 24-093 Council Approval 7/1/24 • 6200 Southcenter Boulevard, Tukwila WA 98188 0 PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and OTAK, Inc._, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform engineering and design services in connection with the proiect titled Gilliam Creek Fish Barrier Removal and Habitat Enhancement. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing June 1, 2024 and ending June 30, 2025, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than June 30, 2025 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $402,934.42, without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 Page 2 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Otak 11241 Willow Rd NE, Suite 200 Redmond, WA 98052 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 Page 4 DATED this day of ** City signatures to be obtained by City Clerk's Staff ONLY. ** ,20 ** Consultant signature to be obtained by sponsor staff. ** CITY OF TUKWILA CONSULTANT: DocuSigned by: DS E45B44C.E �� 8EE243805.. By: Thomas McLeod, Mayor Russell Printed Name: ATTEST/AUTHENTICATED: DocuSigned by: 8Q64AB4--746 A4E-8 Andy Youn, City Clerk APPROVED AS TO FORM: EDocuSigned by: SUnI� Kari L. Sand LS EA9.9-Ck,A-l65152.,. Office of the City Attorney Title: Digitally signed by Russell Gaston, PET Principal CA revised May 2020 Page 5 7 )7'00' ":11 1.3 k r_1 SCOPE OF WORK DESIGN/ENGINEERING SERVICES City of Tukwila Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project OTAK Project No. 20610.003 May 2024 Introduction and Background The City plans to develop fish passage improvements to Gilliam Creek at the confluence of Gilliam Creek and the Green River at River Mile (RM) 12.5. The site extends approximately 675 feet upstream along Gilliam Creek. The project will remove fish barriers and restore fish access to Gilliam Creek while maintaining or improving existing flood protection. This project will restore access and shoreline habitat as part of a watershed -wide effort to restore ESA -listed Chinook salmon and will be designed to allow juvenile fish access between the creek and the river, which are tidally influenced. Habitat enhancements will occur both upstream and downstream of the existing culvert. The project will also address recreational, aesthetic and educational opportunities and constraints associated with the adjacent Green River Trail and trailside park area. The project area is constrained by local roads, 1-405, regional and local utilities and commercial land use. Otak previously worked on a contract with the City to conduct an alternatives analysis. The scope discussed in this document is to advance work products developed previously, prepare documentation to discuss work completed thus far and next steps, and develop scope for the next phase of work in coordination with the City. The task numbering in this scope was developed to match the task numbering from the previous contract for continuity in project management. The City has received initial feedback from project stakeholders and has applied for additional grant funds for implementation of the project. The City will continue with stakeholder coordination and providing information to the public regarding the project progress. There are technical elements of the conceptual design that require further analysis to determine feasibility and the preferred approach. During conceptual design for the existing culvert replacement, significant erosion has occurred during storm events around the existing culvert inlet. The existing culvert inlet requires stabilization measures to withstand further storm events and protect the roadway embankment prior to implementation of the future culvert replacement project. The Scope of Services is described in detail in the following sections. 1.0 Project Management and Coordination 1.1 Coordination with City Otak will coordinate with the City of Tukwila on a regular basis by phone and email to keep the City's project manager informed about project progress, project issues and schedule. Otak will assist in scheduling project related meetings, reviews, and other coordination activities needed to keep the project moving forward. Regular communication with the City will occur on a bi-weekly basis, and a status report will be provided to the City after Otak — Scope of Work each meeting summarizing the status of action items and deliverables. This task will also include coordination with the City about next phases of work including development of work descriptions and scopes of services. Next phases of work to be discussed and defined with the City are anticipated to include: 1. Habitat Enhancement Limiting Factors and Considerations Study 2. Engagement with Stakeholders and Public Outreach 3. Determination of the Preferred Alternative 4. Design of Preferred Alternative 5. Permitting of Preferred Alternative 1.4 Project Monitoring and Reporting Project monitoring and reporting will include the coordination of design team members, internal project scheduling, and the preparation of a monthly progress report and a monthly billing statement. TASK 1 DELIVERABLES • Bi -weekly project reports submitted to the City by email (electronic PDF file format) • Monthly progress report and monthly invoice (electronic PDF file format) TASK 1 ASSUMPTIONS • The duration for this phase of the project is assumed not to extend beyond June 30, 2025. 2.0 Intake Review This task was completed under the previous contract. 3.0 Environmental/Permitting Support 3.1 Wetland and Stream Delineation and Habitat Assessment Report This task was completed under the previous contract. 3.2 Preliminary Permitting and Environmental Review Memorandum This task was completed under the previous contract. 3.4 Geomorphic Assessment This task was completed under the previous contract. 4.0 Topographic Survey and Basemap 4.1 Supplemental Topographic Surveying and Mapping of Culvert Inlet Erosion Otak previously provided topographic survey of the project area under a separate contract in 2022. After the initial survey, significant erosion occurred around the inlet of the Gilliam Creek culvert at 66th Ave. S. Under this contract, Otak will provide supplemental topographic survey and will update the electronic basemap to reflect the current conditions around the culvert inlet. The extents of supplemental survey to capture the recent scour are estimated at 20 -feet to the west, 30 -feet to the north and south, and 30 -feet to the east of the existing culvert inlet. The topographic survey requirements include the following: ■ Vertical Datum: NAVD 88 ■ Horizontal Datum: State Plane Coordinates (Washington North Zone, NAD 83/91 adjustment) ■ Contours at a maximum interval of 1' Otak — Scope of Work TIN surface Surface features: • Top/Toe of slopes • Channel thalweg • Top of bank • Toe of bank • Culvert invert elevations • Vegetation including trees, shrubs, fallen trees in stream over 8 -inches in diameter • Boulders or rocks in the stream greater than 12" across • Rock scour protection limits in place around culvert inlet Mapping shall be consistent with City of Tukwila Infrastructure Design and Construction standards. TASK 4 DELIVERABLES ■ Updated Topographic Base Map (Scale 1" = 20 feet) with one -foot contour intervals (AutoCAD DWG file format) TASK 4 ASSUMPTIONS ■ Traffic control will not be required for culvert inlet supplemental survey which is outside of the roadway. ■ If required, the City will obtain right -of -entry for the parcels for the area of survey. 5.0 Hydrology and Hydraulics 5.1 Hydrologic Analyses A simplified hydrologic analysis was performed under the previous contract to compare the relative differences between alternatives. 5.2 Hydrologic Documentation Documentation for the hydrologic analysis performed under Task 5.1 was completed under the previous contract. 5.3 Hydraulic Modeling A simplified hydraulic analysis was conducted under the previous contract to compare the relative differences between alternatives. 5.4 Hydraulic Documentation Documentation for the hydraulic modeling performed under Task 5.3 was completed under the previous contract. 5.5 Gilliam Creek Flap Gate Replacement Preliminary Flood Study - Existing Conditions Under this task, the preliminary existing conditions model will be developed to estimate the baseline for existing flooding in the Southcenter area. It is expected the final flood study for basis of design for the Gilliam Creek project will be added under a contract amendment. Otak — Scope of Work The preliminary existing conditions hydraulic model will be based on the unsteady HEC -RAS hydraulic model of the study area developed in 2015 for the first phase of the levee accreditation process (developed by Northwest Hydraulic Consultants [NHC]). The portion of the NHC model associated with the project covers roughly 1,150 acres from 1-5 on the west to the Green River on the east and from 1-405 on the north to about 1,500 feet north of S 200th St on the south. The storm and surface water system in the Southcenter area is complex and includes Tukwila Pond, P17 Pond, closed pipes, open channels, slide gates, flap gates, three publicly operated stormwater pump stations, and outfalls to both the Green River and Gilliam Creek, which will be simulated in the preliminary existing conditions model. Under this task, Otak will provide the following services: • Conduct desktop analysis of hydrologic and hydraulic information available in the NHC model, City GIS, and system operation manuals to identify re -usable information and data needs. • Convert NHC unsteady 1 D HEC -RAS model to HSPF-SWMM • Survey up to 10 critical inverts if needed and update model with that information • Calibrate HSPF-SWMMM at existing Gilliam flapgate to represent impact of existing gate on flow backup in Giliam Creek • Calibrate HSPF-SWMM model with 1 D HEC -RAS model by checking result at up to 5 critical nodes (with one being just upstream of the existing 108" diameter pipe) by o Comparing plots of water surface elevation over a sample year o Compare plots of water surface elevations for 3 peak event hydrographs o Prepare 3 simple GIS figures of the Southcenter mall area showing locations of flooding for the three peak events to obtain confirmation from City staff that the flooding conditions are similar to what has been observed in the field • Attend three meetings with City maintenance staff to review results of existing flooding conditions and to discuss the existing manual slide gate configuration that will be simulated in the model. • Prepare a memorandum that documents issues encountered while converting the model prepared by others, assumptions and methodology used for developing and calibrating the existing conditions model. The memo will also recommend the next steps for advancing the flood study work in support of the Gilliam Creek Fish Barrier Removal and Habitat Enhancement project including listing considerations, limiting factors and opportunities for modification of Southcenter drainage features or the Gilliam Creek flood gate that are identified while preparing the preliminary existing conditions model. TASK 5.5 DELIVERABLES • Preliminary Gilliam Creek Flap Gate Replacement Flood Study — Existing Conditions Memorandum (Draft and Final, electronic PDF file format) • HSPF-SWMM Electronic Model TASK 5.5 ASSUMPTIONS Hydraulic modeling of solution alternatives and proposed conditions will be completed in a future phase of work 6.0 Alternatives Analysis This task will include preparation of report documentation of the alternatives analysis that was performed under the previous contract. An Alternatives Analysis Report will be developed with the following outline: • Introduction and Project Goals • Natural Conditions and Fish Use in the Green River Context • Site Constraints Otak — Scope of Work • Stakeholder Engagement • Design Criteria • Summary of Previous Work Completed • Brief Description of Alternatives Developed • Conceptual Drawings and Costs • Hydrology and Hydraulics (described under Task 5.2 and 5.4) • Alternatives Matrix • Recommendations • Next Steps TASK 6.0 DELIVERABLES • Alternatives Analysis Report (Draft and Final, electronic PDF file format) TASK 6.0 ASSUMPTIONS City will provide one list of consolidated comments on the draft Alternatives Analysis Report. Comments will be addressed and incorporated into the final Alternatives Analysis Report. 6.3 Flood Gate System Assessment 6.3.1 Feasibility Study Otak will identify a subconsultant with expertise in hydraulically powered gates. Through discussions with the subconsultant and online research Otak will identify and evaluate available flood -gate systems and technologies that could be applied for flood protection and fish passage at the Gilliam Creek site. Otak will reach out to up to five flood -gate system manufacturers via email with conceptual drawings and follow up with a phone call to discuss the applicability of their product and obtain cost information. Otak will evaluate and compare between the different gate systems including the side -hinge tide gate technology currently proposed in the Alternatives Analysis based on criteria such as technical feasibility to provide flood protection and fish passage, operations, cost and maintenance among others. Evaluation and comparison of the gate systems will be in coordination with the subconsultant. Otak will conduct up to two meetings with the City to review findings and a memo will be prepared to summarize the findings on feasible gate technologies. When a subconsultant is identified to be added to the project team and approved by the City, a request will be made to utilize management reserve funds for advancing the study with a subconsultant partner. TASK 6.3.1 DELIVERABLES Flood Gate System Feasibility- Preliminary Memorandum of Findings (Outline and Draft, electronic Word .docx file format) 7.0 Geotechnical Services 7.2 Culvert Inlet Erosion Repair Geotechnical Design Review (Sub-HWA Geosciences) A geotechnical subconsultant, HWA GeoSciences (HWA), will provide consultation to the design team including reviewing the plans and specifications. HWA will conduct a review of the plans at the 60% design level and a review of the plans and specifications at the 90% design level. Otak — Scope of Work TASK 7.2 DELIVERABLES • Comments on 60% Design Plans (electronic pdf) • Comments on 90% Design Plans (electronic pdf) • Comments on 90% Specifications (electronic pdf) 9.0 Stakeholder Engagement 9.3 Project Planning Workshops 9.3.1 Kickoff and Ongoing Coordination The Otak Team will kick off the project with the City team and provide ongoing coordination during the collaborative study process. Subtasks will include: • Kick off meeting to discuss the overall purpose of this phase of collaborative study, study timeline, and desired outcomes, and to confirm all products to be delivered. • Prepare a task work plan and schedule. TASK 9.3.1 DELIVERABLES: • Kick -Off Meeting Agendas and Notes • Work Plan/Schedule for this Task • File Sharing Internet Site Maintenance • Summary of Relevant Background Information/Data to Guide the Collaborative Study Process 9.3.2 Collaborative Workshops/Study Sessions with City Staff (and Others as May Be Directed by City) The Otak Team will facilitate up to four two-hour collaborative workshops/study sessions with City staff and potentially involving other interests (subject matter experts, agency representatives, potential partners, tribes, and other interests) as directed by the City. For these workshop sessions, the Otak team will use collaborative interactive tools, such as in-person workshop facilitation/facilitated activities, as well as online programs such as Mentimeter and/or Mural to gather input and ideas. We will prepare agendas, presentations, hand-outs, and other materials for the workshops. We will carefully document discussions, decisions, and outcomes of each session. Following is a general description of the potential focus of each workshop session: Workshop 1: Framework for Evaluating Habitat Enhancement Based on Considerations, Limitations and Opportunities at Project Site The goal of this workshop is to build a framework for evaluation of habitat uplift based on considerations, limitations and opportunities at the project site. The framework will be based on the following studies and guiding documents, which will be reviewed by Otak • WRIA 9 Salmon Habitat Plan • WRIA 9 2021 Habitat Plan Update • King County Juvenile Chinook Use of Non -natal Tributaries in the Lower Green River Study • Lower Green River Corridor Flood Hazard Management Plan and levy upgrade planning documents • Juvenile Chinook Salmon Effectiveness Monitoring of Duwamish Shallow Water Restoration Sites • Lower Green River Corridor Flood Hazard Management Plan PEIS • Meta-analysis of Project Effectiveness Monitoring in Rivers within King County (2013-2019) • Scope Comments by the City Project Manager regarding natural debris loading in the stream system and the categories of habitat at the site: o (1) Confluence habitat o (2) Passage/Habitat Structure Otak — Scope of Work v Ad moft4 o �OffOO � � 1f o (3) Upstream Habitat. The discussion will identify the decision criteria for making the project successful based on the framework developed. Workshop 2: Vision and Concepts—Based on the framework and decision criteria from Workshop 1, the team will collaborate on developing a vision statement and thoughts about initial concepts/options for design and further study. Workshop 3: Draft Concepts Review/Refinement—Otak will present a set of potential concepts based on discussion in Workshop 2 and then this workshop session will focus on review and refinement of the concepts for initial analysis. Otak will conduct initial analysis comparing the options to the criteria and bring that back to Workshop 4. Workshop 4: Preferred Path Ahead/Preferred Solution—Otak will present the initial analysis of concepts and the team will discuss the preferred option/preferred path ahead (could be a hybrid of options) to further analyze and illustrate. The team will discuss and define deliverables for development by Otak under other project tasks such as Task 6.0 Alternatives Analysis, Task 9.2 Agency and Stakeholder Coordination, and Task 9.4 Public Engagement Support. Future deliverables to be defined through the collaborative workshops are anticipated to include: o Visualization graphics (2-D and 3-D renderings) o Habitat Enhancement Considerations, Limitations and Opportunities Study o Habitat Enhancement Schematic Design Figures o Flood Gate System Technology Alternatives Assessment(based on workshops and Task 6.3) o GIS -based Storymap or other materials for website posting TASK 9.3.2 DELIVERABLES: • Workshop Agendas • Workshop Hand -Outs and Presentation Materials • Project Vision Statement • Project Goals, Performance Measures, and Decision Criteria • Up to three separate concepts for evaluation (illustrated and described conceptually) • Evaluation matrix results • Memorandum documenting decisions around the preferred direction/preferred solution and a list of deliverables for the next phase of work. 10.0 Culvert Inlet Erosion Repair Final Design 10.1 Final Design 10.1.1 3017o Plans and Engineer's Estimate and Basis of Design Memo Otak will prepare conceptual plans that include the site layout and section details of the proposed erosion repair design. The 30 -percent design will include the cover sheet, plan and profile, and typical cross sections. We assume that the concept plans will be prepared at the same scale as the final design plans. Included in the 30 - percent design submittal will be a preliminary engineer's cost estimate. Otak will prepare a Basis of Design Memo describing the need to repair scour protection measures around the inlet of the existing culvert to minimize impacts to the environment, infrastructure and O&M safety. The memo will also i potential habitat enhancement measures that may be implemented with the erosion repair that could be considered incremental improvements contributing to the future long-term restoration project plans at the Gilliam Creek site. Otak — Scope of Work TASK 10.1.1 DELIVERABLES • 30 -percent Design Plans (electronic pdf) • Engineer's Cost Estimate (electronic pdf) • Basis of Design Memo (electronic pdo 10.1.2 60% Construction Documents Otak will prepare an engineering design and plan set based on the 30 -percent plans to a scale and layout appropriate for a construction plan set, address comments from the City's review of the 30 -percent design, and revise the plans to represent a 60 -percent level of detail. Accompanying the 60 -percent plans will be a list of anticipated special provisions and an updated Engineer's cost estimate. The following is a preliminary drawing list: 1. Cover Sheet 2. Legend, Notes, and Abbreviations 3. Survey Control and Existing Condition Plan, Scale 1" = 20' 4. Temporary Erosion and Sediment Control and Stream Bypass Plan, Scale 1" = 10' 5. Stream Stabilization Plan and Profile, Scale 1" = 10' 6. Channel Cross Sections, Scale Varies 7. Stream Stabilization Details, Scale Varies 8. Construction Staging Plan and Details (if necessary), Scale Varies TASK 10.1.2 DELIVERABLES • 60% Design Plans (electronic pdo • List of Special Provisions (electronic pdf) • Engineer's Construction Cost Estimate (electronic pdf) 10.1.3 90% Construction Documents Otak will advance plans developed at the 60% level and prepare 90% level plans for the inlet erosion repair. The 60% construction review comments will be addressed in the 90% plans, and comment responses will be prepared for the 60% review comments. TASK 10.1.3 DELIVERABLES • 90% Design Plans (electronic pdo • 90% Special Provisions and Project Manual (electronic .doc and .pdo • Engineer's Construction Cost Estimate (electronic pdf) 10.1.4 10017o Construction Documents Otak will address the City's comments from the 90 -percent design and the final design submittal will include ad - ready construction drawings, a final Engineer's cost estimate and project specifications including the bid schedule. TASK 10.1.4 DELIVERABLES • Final Design Plans (electronic pdo • Special Provisions (Divisions 1-9) and Project Manual (electronic .doc and .pdo • Engineer's Construction Cost Estimate/Bid Schedule (electronic pdf) Otak — Scope of Work TASK 10.1 ASSUMPTIONS • The design concept identified as the preferred alternative in the inlet erosion assessment memo (prepared under separate contract) will be the design carried forward to the 30 -percent design level with minimal changes. • Special Provisions will be based on the 2024 (or current) edition of the WSDOT Standard Specifications with the APWA supplement, current amendments, and City requirements. • The City will provide a set of current City General Special Provisions and City standard contract and bid forms to be used for preparation of the Project Manual. 10.2 Permitting for Inlet Erosion Repair 10.2.1 Pre -Application Meeting, Agency Meetings, and Permit Facilitation During preparation of permit applications and support documentation, Otak will organize and conduct a pre - application field meeting with all applicable City, State, and Federal resource and regulatory agency representatives necessary to assure that they have a solid understanding of the existing and proposed conditions for the project prior to receiving the JARPA package. Participants in the pre -application field meeting are anticipated to include agency staff from WDFW, Army Corps, City of Tukwila, relevant tribal biologists, and potentially WRIA 9 technical staff such as Chris Gregersen. After permit applications are submitted, Otak will coordinate with City staff to respond to comments, provide additional clarification, and assist with shepherding the permits through the process efficiently. TASK 10.2.1 ASSUMPTIONS: A single pre -application field meeting, not to exceed two hours in duration, will be conducted under this task. Hours also include time for responding to agency comments following the meeting and preparing meeting minutes. 10.2.2 JARPA Form and Figures Otak will prepare a JARPA form and figure set for the project when the project reaches a 60 -percent design stage. The JARPA and Wetland and Stream Report will be used to apply for and support a Washington State Department of Fish and Wildlife (WDFW) Hydraulic Project Approval (HPA). The JARPA and the Biological Evaluation will be used to obtain a Department of the Army (Section 404) Nationwide permit from the Corps of Engineers. Otak will review the Department of Archaeology and Historic Preservation's web database for known cultural or historical sites to support the application. A formal cultural resources report will not be prepared. TASK 10.2.2 ASSUMPTIONS: • The project will be permitted by the Army Corps of Engineers under one of the Nationwide Permits available (e.g., NWP #13). • The project will not require offsite compensatory wetland or stream mitigation. The project is intended to be self -mitigating through restoration of a native riparian plant community above the bank armoring. • The project will not require an individual Section 401 Water Quality Certification from Washington State Department of Ecology. • A Cultural Resources report, will not be required. • The City will pay for all required permit fees. Otak — Scope of Work 10.2.3 ESA Compliance Documentation Documentation necessary for compliance with the provisions of the Endangered Species Act will be prepared during preparation of and in coordination with the 60 -percent design level plans. Otak will prepare a Biological Evaluation (BE) for the project per the USACE format. A BE will be prepared for the USACE's informal consultation with the National Marine Fisheries Services (NMFS) and US Fish and Wildlife Service (USFWS) for project impacts to ESA -listed species. Informal consultation with NMFS and USFWS is anticipated for this project because the stream and riparian impacts from the bank stabilization will be characterized as pre-existing as a result of previous stabilization efforts, and therefore will be considered not likely to adversely affect (NLAA) ESA listed species or their critical habitats. If agencies disagree with a NLAA effects determination then a biological assessment will need to be prepared under a separate scope of work for formal consultation with USFWS and NMFS. The BE will be submitted as part of the JARPA package for the 404/401 permit application to the USACE. TASK 10.2.3 ASSUMPTIONS The project will result in a May Affect, Not Likely to Adversely Affect (NLAA) determination for ESA -listed fish species and designated critical habitat that may occur in the project action area. The project will result is No Effects determination for all other listed species occurring in King County. o As such, the project will not undergo formal consultation with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service (the Services). o The USACE and Services will concur that due to the eroding slope and erosion, previous bank armoring and slumping, and proposed bioengineered bank stabilization design, the project will have insignificant or discountable effects to designated critical habitat for Chinook salmon (Gilliam Creek). o Work area isolation and fish removal will be required. Fish removal will be conducted using herding methods and nets rather than handling (e.g., trapping and relocating). o The project will achieve ESA compliance utilizing the USACE Abbreviated Biological Evaluation for Informal ESA Consultation, or similar format. TASK 10.2.3 DELIVERABLES • Draft Biological Evaluation and one (1) electronic file (PDF format) • Final Biological Evaluation and one (1) electronic file (PDF format) 10.2.4 Prepare Shoreline Permit Exemption Application The project will require compliance with the City's critical areas (e.g., wetlands, streams and their buffers) regulations at TMC 18.45.100 (Watercourse Designations, Rating and Buffers), 18.45.150 (Fish and Wildlife Habitat Conservation Areas Designation, Mapping, Uses and Standards), floodplains, and shorelines per TMC 18.44 (Shoreline Overlay). Part of the project area is located within shoreline designation. Otak will complete a pre -application conference request with City staff in addition to the site meeting under Task 10.2.1, and the shoreline permit exemption application. The project is expected to be considered normal repair of existing structures/developments including repair of damage caused by elements (e.g., precipitation and stream flows). TASK 10.2.4 ASSUMPTIONS Project will qualify for the Shoreline Permit Exemption. No net loss of shoreline ecological functions will still need to be achieved in accordance with the requirements of the Shoreline Exemption. Stabilizing the eroding bank and replating with native plants is expected to provide adequate mitigation for the proposed bank armoring. TASK 10.2.4 DELIVERABLES • Shoreline Exemption Application Otak — Scope of Work • Floodplain Permit Application 10.2.5 SEPA Compliance The project will require compliance with the State Environmental Policy Act (SEPA). Otak will prepare a SEPA checklist for the project, with vicinity map and simple plan view appropriate for the general public, and will submit the checklist to the City for environmental review as the lead agency in the SEPA process. ASSUMPTIONS • The proposed project will result in a Determination of Non -Significance (DNS). • Preparation of a SEPA EIS is not included in this scope. DELIVERABLES • Draft and Final SEPA checklist with vicinity map and site plan, submitted to the City. 10.2.6 Prepare Critical Areas Report A Critical Areas Report (CAR) will be prepared for the permit applications to local, state, and federal agencies. The Wetland and Stream Delineation Report prepared under the previous scope of work will be amended to include a project description, impacts assessment, and proposed restoration of temporary impacts to result in no net loss of shoreline ecological functions. ASSUMPTIONS • Onsite restoration of temporary impacts using native plants will be adequate mitigation for project impacts to Gilliam Creek. DELIVERABLES • Draft and Final Critical Ares Report (PDF) Management Reserve If directed by the City, consultant will provide services needed to assist the City for unforeseen tasks related to this project that were not specifically addressed in this scope of work. When requested by the City, the consultant will provide a scope and budget for the task identified by the City. The consultant will not proceed with the task until written authorization has been provided by the City. The allotted amount for this task is $30, 000.00. Direct Expenses Direct expenses to be submitted for reimbursement include: • Mileage/Travel for site investigations and meetings • Other Misc. Expenses Otak — Scope of Work