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HomeMy WebLinkAboutCAG2019-295 - Original - Otak, Inc. - Summit Landsburg Road and Rock Creek Culvert Replacement - 05/09/2019 KEOT Records Management Document CONTRACT COVER SHEET iris is to be completed by the Contract Manager prior to to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at ', 7, 856 Vendor Name: Otak, Inc. Vendor Number (IDE): 177103 Contract Number (City Clerk): Category: Contract Agreement Sub-Category (if applicable): None Project Name: Summit Landsburg Rd & Rock Creek Culvert Replacement Mayor's signaturE 12/31/19 Contract Execution Date: Termination Date: Contract Manager: Steve Lincoln Department: PW: Engineering Contract Amount: $631450 Budgeted: V/-1 Grant? F] 1-1 Part of NEW Budget: Local: State: Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: 1-1 Director F-1 Mayor City Council Other Details: Provide preliminary design services for the proiect. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Otak, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Otak, Inc. organized under the laws of the State of Washington, located and doing business at 11241 Willows Road NE, Suite 200, Redmond, WA 98052, Phone: (425) 822-4446, Contact: Greg Laird (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide preliminary design services for the Summit Landsburg Road and Rock Creek Culvert Replacement Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty Three Thousand, Four Hundred Fifty Dollars ($63,450), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. ]. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to Its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF ENT: (signature) (signature) Print Name: Rv sre 11 Gas+o vt Print Name: Dana Ralph Its ICY% VP Its_ Mayor (title) DATE:_ `/1q DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Russ Gaston Timothy ). LaPorte, P.E. Otak, Inc. City of Kent 11241 Willows Road NE, Suite 200 220 Fourth Avenue South Redmond, WA 98052 Kent, WA 98032 (425) 739-4209 (Telephone) (253) 856-5500 (telephone) (425) 827-9577 (Facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST WA Kent City Clerk Otak-Rock Creek{Murillo CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Qu4ka--- For: 0 �`"t`�o 1 K c, Title: Pr►-� .is,�t , Sr, V. P Date: I /I S—/)l EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women, Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: _ For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Otak Attachment City of Kent Rock Creek Fish Passage Project - Preliminary Design Otak Project No. 33028 Scope of Services The City of Kent requested a scope of work and fee proposal for the design of a culvert to replace the triple-barrel culvert that passes Rock Creek across Summit Landsburg Road outside of Maple Valley in unincorporated King County. The project's goals are to replace the three existing 36-inch corrugated metal pipe (CMP) culverts so that it is fish passable during low through high flows, so that it will be able to qualify for permit approval from other agencies, and so that it can be constructed by fall, 2020. Other key features of the project include: ■ Permit acquisition, environmental review and mitigation • Critical area survey ■ Culvert design including constructability review ■ Utility coordination • Support easement or property acquisition This scope of services is based on email and telephone correspondence with the City and a site visit on August 13, 2018. The project will be accomplished in three phases— Preliminary Design, Final Design and Permitting, and Construction Support. This scope of work describes those activities within Preliminary Design to determine the type, size and location of the culvert replacement. Preliminary Design Phase 1 will begin by gathering data, identifying project goals, and looking at alternatives to meet the goals. An alternatives analysis memorandum will be prepared and reviewed by the City. The City, with input from project stakeholders, will determine which alternative to take through design development. Work up to this point is described as Phase 1 throughout this Scope of Work. It is anticipated that the following items of work will be needed to accomplish Phase 1: ■ Topographic surveying and basemapping provided by the City's Survey Group. • Gather pertinent data including delineation of ordinary high water and wetland boundaries delineation and stream assessment. ■ Determine work required to achieve a successful permitting strategy, including documented discussions with appropriate permitting agency staff. • Rudimentary culvert type, size and location analysis. • Gather information on existing utilities and perform a cursory review of impact utilities will have on each alternative. • Up to three culvert configurations will be analyzed. All alternatives will assume that the road will be built to its long-term width as recommended by King County. k:Iproject1330001330281contractlrock creek fish passage scope 2019 0403.docx 11241 Willows Road NE, Suite 200 Redmond.WA 98052 • Phone (425)822-4446 Fax (425)827-9577 otak.com Page 2 Rock Creek Fish Passage Project—Preliminary Design April 1, 2019 Once the preferred alternative has been selected for the culvert, Otak will continue gathering data and proceed with the development of the project to the 30-percent design level. Environmental documentation and technical memoranda will be prepared to document baseline conditions and project impacts. Hydraulic and structural alternatives analyses will be described in technical memoranda and submitted to the City for use as appropriate in the City's Joint Aquatic Resources Permit Application (JARPA) for the project. Project Criteria The City will designate the project parameters and design criteria. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments as of the date of the Notice to Proceed, of the following documents. Changes in any design standards or requirements after work has begun may result in Extra Work. City of Kent • Kent Design and Construction Standards Manual 2009 • Kent Standard Plans ■ Kent 2017 Surface Water Design Manual Washington State Department of Transportation (WSDOT) ■ Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction (M41-10) 2018 • Standard Plans for Road, Bridge, and Municipal Construction (M21-01) • Design Manual (DM) (M22-01) • Highway Runoff Manual (HRM) (M 31-16) • Hydraulics Manual (M 23-03) • Local Agency Guidelines (LAG) Manual • Bridge Design Manual (BDM) (M23-50), June 2017 • Geotechnical Design Manual, May 2015 • Construction Manual ■ General Special Provisions American Association of State Highway and Transportation Officials (AASHTO) ■ Load and Resistance Factor Design (LRFD) Bridge Design Specifications 7th Edition, 2014 with the current Interims • A Policy on Geometric Design of Highways and Streets, 5th Edition, 2004 United States Department of Transportation, Federal Highway Administration (FHWA) • Manual of Uniform Traffic Control Devices (MUTCD) as amended and approved by WSDOT • Rockery Design and Construction Guidelines, November 2006 FHWA Publication No. FHWA-CFL/TD-06-006 Fish Passage Design Requirements: • Washington Department of Fish and Wildlife (WDFW), Water Crossing Design Guidelines 2013 Other Publications or Requirements: • King County Surface Water Design Manual 2016 • Washington Department of Fish and Wildlife (WDFW), Water Crossing Design Guidelines 2013 k.9project1330001330281contractlrock creek fish passage scope 2019 0403.docx Page 3 Rock Creek Fish Passage Project—Preliminary Design April 1, 2019 ■ American Public Works Association (APWA) General Special Provisions • U.S. Army Corps of Engineers and Ecology Mitigation Plan Guidance Project Schedule The preliminary project schedule will be developed upon notice to proceed for the project and updated as changes occur. The anticipated major milestones are. Milestone Notice to Proceed—May 13, 2019 Site Boundary and Topographic Surveys and Base Map Preparation (by City)—mid-May 2019 Task 2- Critical Areas Review and Mitigation Plan—mid-June 2019 Task 3- Preliminary Geotechnical Report—end of June 2019 Task 4- Hydraulic Design Alternatives and Structural Design Alternatives memos— Draft end of July 2019, Final mid-September 2019 Task 5—JARPA exhibits, 30% Plans, Cost Estimate— Draft mid-September, Final end of September 2019 The duration of the reviews by the City, WDFW, Ecology, and the Corps of Engineers will be provided in the project schedule. Mutually agreeable changes to the project schedule, whether initiated by the City or Otak, may be the basis for adjustments in the project budget. Items and Services to Be Furnished by the City The City will provide the following items and services to Otak that will facilitate the engineering design and preparation of the construction documents for work within the limits of the project. Otak is entitled to rely on the accuracy and completeness of this and other data furnished and represented by the City and others, including but not limited to, survey and traffic data. ■ Available as-built drawings and information on other projects in the immediate vicinity. • CADD standards and City Standard Design Details. ■ Site boundary and topographic survey including utilities and critical area boundaries. • Utility coordination including temporary service during construction and permanent utility plans. • Coordination with King County for future roadway considerations. • Roadway design, including typical sections, plans, profile, and roadside improvements (i.e., guard rails). • Final stamped and signed right-of-way plan, based on proposed project needs determined by Otak. ■ Rights-of-entry upon all lands necessary for the performance of the work, including official notices to property owners and agencies. • Timely reviews of Otak submittals at the mutually agreed upon times set forth in the project schedule and the consolidation of all review comments by others onto one review set prior to return to Otak. • Payment of all application reviews and/or permit fees. • Compilation, reproduction, and distribution of Bid Documents to potential bidders and interested parties. TASK 1: PROJECT MANAGEMENT The objective of this task is to ensure effective and efficient communication between Otak and City project team members, submittal and payment of invoices in a timely manner, proactively anticipating and resolving problems and ensuring quality products that meet the project's goals and objectives. Assumptions: • Otak will develop Project Kickoff meeting agenda and materials, provide hardcopies of all materials and a meeting summary including a record of all decisions. k:Iproject1330001330281contractlrock creek fish passage scope 2019_0410.docx Page 4 Rock Creek Fish Passage Project—Preliminary Design April 1, 2019 • Otak Project Manager will participate in each bi-weekly project meeting in person or via telephone conference. • Project Management hours cover the first phase of work assuming six months duration. • Otak will not proceed with Task 4 (Alternatives Analysis and Preliminary Engineering) and Task 5 (Preliminary Design) until the City has given notice to proceed. Deliverables: • Monthly invoices, project status report, updated MSP master schedule • Kickoff Meeting Agenda and materials for all attendees • Notes summarizing the Kickoff Meeting ■ Email summary of bi-weekly meetings with City Project Manager TASK 2: PERMITTING, ENVIRONMENTAL REVIEW AND SPECIAL STUDIES The objective of this task is to identify and assist with acquiring all the permits, environmental review and special studies required for this project. Permitting and regulatory compliance will be done in parallel with existing conditions documentation, analysis, and project design as follows. 2.1 Complete Wetland/Stream Delineation and Prepare Critical Areas Report Otak will delineate wetland and stream habitats within the project area of potential impacts along SE Summit Landsburg Road at Rock Creek. Stream habitat characterization will be documented to establish baseline conditions to inform subsequent permit applications. The delineated wetland boundaries, data plots, and ordinary high water(OHW) line will be marked with flagging or wire flag stakes as appropriate. The City will survey the flagging for the project basemap and in support of the Critical Areas Report that will be completed as part of this task. All wetlands and streams within 100 feet of the SE Summit Landsburg Road right-of-way and within 200 feet of the creek crossing will be delineated. Wetlands will be delineated using the Corps of Engineers Wetlands Delineation Manual(1987) as amended, and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains Valleys, and Coast Region (2010) as required by King County and Ecology/Corps of Engineers. All delineated wetlands will be rated using the Washington State Wetland Rating System for Western Washington— 2014 Update (Ecology Publication No. 14-06-029) to classify wetlands and determine buffer widths per King County's critical areas ordinance (King County Code Chapter 21A.24). The OHW line on Rock Creek will be delineated in accordance with USACE Regulatory Guidance Letter 05-05 (Ordinary High-Water Mark Identification) and Determining the Ordinary High-Water Mark for Shoreline Management Act Compliance in Washington State (Ecology 2016). The OHW line delineation will be coordinated with representatives of the Muckleshoot Tribe. Critical areas covered in the critical areas report will include wetlands, aquatic areas, and wildlife habitat conservation areas and habitat networks. Assumptions: • The City of Kent (City)will obtain all rights-of-entry from private property owners to conduct fieldwork for the project. • Otak will provide a draft Critical Areas Report in electronic format to City staff for one round of review and comment. • Wetland and stream delineation will each require a one-day field effort conducted by two wetland scientists, plus travel time. • Otak will coordinate with representatives from the Muckleshoot Tribal Fisheries and other interested resource agencies to be present during the identification of OHW and measurement of bankfull width. k.lprojectl330001330281contractlrock creek fish passage scope 2019 0403.docx Page 5 Rock Creek Fish Passage Project—Preliminary Design April 1, 2019 ■ The City will professionally survey the delineated wetland and stream boundaries as part of the basemap for the project. ■ The final Critical Areas Report will include an exhibit showing all permanent and temporary impacts to wetland and streams in the project area as part of the mitigation plan for the project (see Task 2.3). • It is assumed that the Culvert Monitoring Report will not be required with the JARPA, although it may be needed soon after submittal to the Corps of Engineers, and should be considered an early action item in the next phase of work. Deliverable: ■ Draft and Final Critical Areas Report. TASK 3: GEOTECHNICAL EXPLORATION AND ANALYSIS (BY OTHERS) The objective of this task is to conduct all necessary geotechnical explorations and analyses to complete Tasks 4 and 5. To support Otak's work, GeoEngineers will perform a site reconnaissance, conduct a geotechnical engineering investigation, produce a Geotechnical Report, and assist with geotechnical aspects of project plans and specifications. The City will contract directly with GeoEngineers to complete the exploration and analysis. The replacement culvert system has not been selected; however, Otak and GeoEngineers understand that box culvert and bottomless culverts are being considered. Based on our understanding of the geology in the area we expect that shallow foundations or at-grade support will be suitable for supporting the new culvert. Otak anticipates that existing pavements on Summit Landsburg Road within and adjacent to the project site will likely either need to be repaired or replaced as part of this project. We expect that the span length of the new culvert may be greater than 20 feet. The span of the new culvert will be based on the determination of the bankfull width (Task 2)with additional factors to conform to WDFW's Stream Simulation method for fish passage culvert design. According to the Washington State Department of Transposition (WSDOT) Buried Structures Design Memorandum dated July 31, 2015, Buried Structures (which includes culverts similar to those proposed) with span lengths greater than 20 feet need to consider seismic design, which would include seismic earth pressures, liquification and lateral spreading. The proposed scope is based on the assumption that seismic conditions will need to be evaluated during design. If it is determined that the culvert span will be less than 20 feet, it may be possible to reduce the depths of the borings performed and eliminate or reduce seismic portion of our design and analysis scope. The purpose of the geotechnical services is to explore subsurface conditions and provide geotechnical and earthwork recommendations to support planning, design, and construction of the proposed culvert. The specific scope of geotechnical services includes the following tasks: 3.1 Plan and Coordinate Field Investigation GeoEngineers will review readily available published geologic data and select relevant in-house files for existing information on subsurface conditions in the project vicinity. GeoEngineers will visit the project site to mark out a preliminary location for our exploration and contact the "One-Call" Utility Notification Center, as required by Washington State law. GeoEngineers will not be liable for damage to unmarked or unidentified underground utilities. k:Ioroject1330001330281contractlrock creek fish passage scope 2019 0403.docx Page 6 Rock Creek Fish Passage Project—Preliminary Design April 1, 2019 GeoEngineers will obtain a street use permit to drill borings on Summit Landsburg Road in the area of the proposed culvert. We have assumed that a City of Kent Street Use Permit will be required. GeoEngineers will subcontract traffic control services to prepare a traffic control plan and to maintain a work zone on Summit Landsburg Road during our exploration program. 3.2 Field Exploration and Laboratory Testing GeoEngineers will explore subsurface conditions within the project area by advancing two hollow stem auger borings using subcontracted drilling equipment and operator. We have budgeted to complete up to 120 linear feet of drilling. It may be possible to reduce the amount of drilling depending on the determined span length. Additionally, if very dense glacially consolidated soils are encountered at shallow depths in the borings, it may be possible to reduce the total drilling depths. We will attempt to locate the borings at either end of Summit Landsburg Road in the culvert area. Ultimately, drilling locations will be selected based on field conditions including utility locations, safety, and access constraints. We have assumed that the drilling can be completed in two days on site. GeoEngineers will subcontract with an asphalt repair contractor to saw cut around the exploration locations and patch the existing pavement with hot mix asphalt concrete. GeoEngineers will conduct geotechnical laboratory testing on selected soil samples. We have budgeted to complete two particle-size distribution tests and four percent fines determinations (percent of material passing the U.S. No. 200 sieve). 3.3 Geotechnical Engineering Analyses and Reporting GeoEngineers will provide a discussion of soil and groundwater conditions encountered in the explorations. They will provide seismic design parameters based on the 2014 American Association of State Highway and Transportation Officials (AASHTO) Load and Resistance Factor Design (LRFS) Bridge Design Specifications (AASHTO LRFD). They will comment on the potential for lateral spreading and ground surface fault rupture at the site and evaluate the potential for liquefaction under the design seismic event using simplified empirical-based liquefaction methods. GeoEngineers will provide recommendations for site preparation and earthwork. We will discuss temporary erosion and sedimentation controls, temporary and permanent slopes, estimated stripping and clearing depths, fill placement and compaction requirements, suitability of on-site material for use as structural fill, import fill requirements, wet weather considerations, groundwater handling, and site drainage. GeoEngineers will provide recommendations for shallow spread footing design, including foundation bearing surface preparation, setback and embedment criteria, design soil bearing pressures, lateral resistance values and estimates of settlement. GeoEngineers will provide recommended active, passive, and at-rest lateral earth pressures for retaining walls and below-grade elements. They will also provide recommendations for seismic surcharge pressures and drainage criteria. GeoEngineers will prepare a written geotechnical report presenting our findings, conclusions, and recommendations. Our report will include a project site plan showing approximate locations of our explorations, summary exploration logs, laboratory test results and appropriate engineering figures. Assumptions: ■ The geotechnical investigation and analysis will be performed under direct contract between GeoEngineers and the City. • GeoEngineers will obtain a Street Use Permit from King County to complete their explorations. If other k:lproject1330001330281contractlrock creek fish passage scope 2019 0403.docx Page 7 Rock Creek Fish Passage Project—Preliminary Design April 1, 2019 permits are required, they have assumed they will be coordinated by others and provided to them. ■ Drilling will require creating an approximately 1-foot diameter cut in the existing pavement. They may temporarily repair the cut using cold mix asphalt or concrete until the hot mix asphalt repair subcontractor can return to the site to complete the pavement restoration. They have budgeted to saw cut around the drilling area or to replace the pavement with hot mix asphalt. • GeoEngineers have assumed that traffic control will be required to complete the pavement patching and the patching will take place within one to two weeks after drilling is completed. ■ All borings will be backfilled in accordance with state regulations by the licensed driller subcontracted to complete drilling operations. Cuttings generated during drilling will be placed in drums and hauled off site for disposal. • GeoEngineers will produce a Geotechnical Report summarizing their investigation, conclusions and recommendations for the final project design and permitting. ■ The Geotechnical Report will each consist of one draft and a final. Deliverables: • One draft and a final Geotechnical Report ■ Input (text and redline markups) to project plans and specifications TASK 4: ALTERNATIVES ANALYSIS AND PRELIMINARY ENGINEERING The objective of this task is to evaluate the requirements for fish passage and propose alternatives for the culvert replacement structure and channel restoration that meet those requirements. The City requested that both culvert and bridge alternatives be considered. Alternatives for the culvert replacement will be in accordance with Washington Department of Fish and Wildlife (WDFW)Water Crossing Design Guidelines. The preference by WDFW is to use the Stream Simulation method for sizing the minimum width for the culvert or bridge opening based on representative bankfull width obtained during Task 2.2. Alternatives for the channel restored through the culvert or bridge will consider the streamflow depths and velocities to provide fish passage plus streambed materials that resist scour.Alternatives will be considered based on previous studies, field survey, site reconnaissance, Otak's engineering and environmental judgement, and the City's involvement. This task will not be initiated until the City has reviewed the Preliminary Geotechnical Report (Task 3) and given Otak explicit notice-to-proceed. The City will contract directly with MGS Environmental to use their HSPF model of the Rock Creek basin 4.1. Hydraulic Analyses and Design Alternatives The purpose of this subtask is to develop a thorough understanding of existing hydrologic, hydraulic, and sediment transport conditions that will be used to facilitate the development of the project design and to provide the necessary analyses to support the hydraulic design of the proposed channel realignment and culvert replacement. To perform this subtask, Otak shall: • Compile and review available data and previous studies on the creek. • Conduct a site investigation to better understand existing channel dynamics, sediment sources and reach geomorphic processes. ■ Identify survey needs for hydraulic modeling. ■ Perform a hydrologic analysis by developing a WWHM model of the Rock Creek drainage basin. The WWHM analysis is needed given that lack of local stream gage data and the need to quantify the magnitude and frequency over the entire range of flows and not just peak discharges. k:Iproject1330001330281contractlrock creek fish passage scope 2019_0403.docx Page 8 Rock Creek Fish Passage Project—Preliminary Design April 1, 2019 • Develop a one-dimensional steady flow HEC-RAS model that represents existing conditions along the creek extending from 300 feet downstream of Summit Landsburg Road to 300 feet upstream of the road. Run the model for a range of flows up through the 100-year flood peak. ■ Based on the hydraulic analysis and geomorphic assessment, perform a sediment continuity(sediment budget) analysis to estimate bed material sediment loads to the design reach and existing sediment deposition in the reach. ■ Based on the analysis of existing conditions including environmental and engineering judgement, and City involvement, conduct an alternatives analysis to develop channel restoration alternatives including connections to the existing creek. ■ Provide qualitative geomorphic assessment of the likely channel responses to the alternatives. • Develop a HEC-RAS model of the preferred alternatives. • Utilize the hydraulic model results to perform the necessary hydraulic calculations to support the project design such as scour estimates, stability of large wood, etc. Assumptions: ■ Otak will meet with the City to review the results of the delineation of the OHW and bankfull measurements (Task 2.1) and select the minimum culvert width that meets the stream simulation method. ■ The restored channel should have a top width comparable to the bankfull width and a low flow channel to provide a minimum of 0.5 feet of depth at low summer flows. • Hydraulic analysis using HEC-RAS will be performed on the minimum culvert width to evaluate maximum velocities and depths at the 2-, 25-, and 100-year peak discharges assuming steady state conditions. Deliverables: ■ Draft and Final Hydraulic Design Alternatives Memorandum. • Electronic copies of hydraulic models developed for the project. 4.2 Structural Analysis and Design Alternatives Otak will define and evaluate two culvert alternatives. Alternatives will assume that the structure will be built to its long-term roadway width as recommended by King County. Preliminary structural analysis and design will include the following structures: • Culvert replacement for Rock Creek crossing of SE Summit Landsburg Road—the existing three 36-inch diameter culverts will be replaced with a fish passable structure. Existing rockery walls—the existing rockeries on both sides of SE Summit Landsburg Road will be affected by construction and will be removed and replaced. Replacement options will include determination of appropriate wall types. Work for these structures will include: 1. Coordination— in order to determine the culvert/bridge and wall geometry, appropriate structure replacement type and/or repair scenario, and structure foundation requirements, structural staff will coordinate with other engineering disciplines. a. Hydraulic coordination— review preliminary hydraulic information and recommendations and discuss with hydraulics engineers. Topics may include stream alignment and profile, stream width and bank grading, culvert embedment depth and scour analysis. b. Geotechnical coordination —review preliminary geotechnical information and recommendations and discuss with geotechnical subconsultant. Topics may include initial site investigation findings, external structure stability, existing wall internal stability, bearing capacity, potential long-term k:Iproject1330001330281contractlrock creek fish passage scope 2019 0403.docx Page 9 Rock Creek Fish Passage Project—Preliminary Design April 1, 2019 settlement issues, overexcavation of unsuitable foundation materials, shoring and temporary slope options, soil parameters for wall and culvert/bridge design, wall and structure loading, wall repair and replacement options, culvert/bridge type options and foundation type options. c. Roadway and traffic coordination —review preliminary roadway and traffic information and recommendations with the City's civil and traffic engineers. Topics may include traffic and pedestrian phasing and/or detours, roadway width, sidewalk width, roadway side slopes and grading, ADT and percent truck traffic. 2. Preliminary structural analysis and design a. Culvert replacement for Rock Creek crossing of SE Summit Landsburg Road—develop culvert structure type options and develop preliminary sketches and cost of the recommended option. b. Assume shallow foundations. c. Existing rockery wall, SE Summit Landsburg Road at Rock Creek—determine impacts to the existing rockery and develop replacement options. Develop preliminary sketches and cost of the recommended option. 3. Draft Structural Design Alternatives Memorandum —Prepare and submit a draft memo to the City describing the culvert alternatives considered. The draft memo will summarize hydraulic, geotechnical, roadway and traffic requirements; structural wall and culvert options; and recommended options for moving forward with design. 4. Final Structural Design Alternatives Memorandum —Review and respond to City comments on the draft memo. Assumptions: ■ Preliminary hydraulic, geotechnical, roadway and traffic recommendations will be available a minimum of 3 weeks prior to development of the draft structural report. • Culvert type will be a contractor designed three-sided or four-sided precast concrete box culvert. If full design is required or another structure type is required, it will be covered in final design. • Culvert foundation type to be considered will be spread footings. If required, deep foundations, including pin piles, driven piles or drilled shafts will be covered. • Wall types to be considered will be rockery, gabions, gravity block, structural earth or reinforced concrete. If required, other wall types will be covered during final design. • Structural shoring for phasing of culvert construction will be contractor designed. Deliverables: • Draft and Final Structural Design Alternatives Memorandum. TASK 5: PRELIMINARY DESIGN The objective of this task is to prepare drawings to illustrate the preferred project elements for the culvert/bridge, wall, and stream channel, and to prepare JARPA exhibits for use in permitting. This task will not be initiated until the City has reviewed the Draft Hydraulic Design Alternatives Memo and the Draft Structural Design Alternatives Memo (Task 4) and given Otak explicit notice-to-proceed. 5.1 Preliminary (30%) Design Plans and Estimate Otak will develop the 30% design for the preferred project elements after the City's review of the alternatives presented in the Hydraulic and Structural Design Alternatives memos (Tasks 4.1 and 4.2 respectively). The goals of this task are to advance the design options chosen by the City from the Design Alternatives memos to the 30% design level, to provide the details and quantities to include in the City's permit applications, and to define the project elements to be developed in the Final Design tasks. The 30% plans will be completed for the fish passage structure(culvert or bridge), the retaining wall, and channel restoration elements to a level of completeness that k.lproject1330001330281contractlrock creek fish passage scope 2019 0403.docx Page 10 Rock Creek Fish Passage Project—Preliminary Design April 1, 2019 technical, cost, and permit feasibility can be evaluated. Sketches developed for the Design Alternative memos will be updated to the 30% design level. 30% detail for structural sheets will include basic culvert/bridge and wall plan, elevation and typical section geometry; and general notes for construction of the recommended options. Basic construction phasing needs will be addressed, and phasing intent will be shown. The 30% plans will include plan view of existing conditions including critical area delineations, plan and sections of preferred culvert/bridge and retaining wall; plan, profile and section of proposed channel restoration; proposed roadway plan and profile; and plan view of wetland and stream impacts. The 30% design plans will be prepared using the City's format. Additionally, the fish passage structure, walls, and channel elements will be illustrated so that they can be included with the City's Joint Aquatic Resource Permit Application (JARPA). Otak will prepare planning level construction cost estimates for the 30% plans. The cost estimate will be based on King County or WSDOT bid items and unit cost on previous bids on similar projects. Assumptions: ■ Otak will meet with the City to discuss the Design Alternatives results before making a recommendation regarding the preferred fish passage structure, wall and channel restoration. • Construction staging alternatives will be identified and evaluated as appropriate. • The 30% level plans and engineer's estimate are intended to present the feasibility(technical, permitting, and cost) of the proposed design. It is understood that major design revisions may be required based on the City's review of the 30% design submittal. • 30% level estimate of construction cost, with contingencies. Previous City projects, along with WSDOT unit price analysis, may be used for the estimate. Deliverables: ■ 30% level plan, profile and details for the culvert replacements. ■ 30% level estimate of construction cost, with contingencies. Previous projects, along with WSDOT unit price analysis, may be used for the estimate. ■ 30% level plan, profile and details for the culvert/bridge and channel will be formatted in City standards and in JARPA standards. k:lproject1330001330281contractlrock creek fish passage scope 2019 0403.docx Q c m ^ ao (weal)>ISel N n o n N oao e N Aq aaj lelol H N N '•i m EN ID 111 ID � N N U Y helo) N c o0 Q sanOH lelol <+ ti ; coo N uiwpV m cD a loejluoJ v v ob N C luelslssV -a' oo uiwPV l7afad. 00 : v v `° oo ^! a: .6 o epueAe>l Al 4Oa1 u'; pawgV` 3ulJaawSu3 oo N N o goM Aje9 X 3J oo N Ln a^ 11103 0 0 0 0 c a v oo o oo c ti N L u O O O III 3J o 0 o co N o o co N h E N N sui�meH o, ueA'd A D oo N !Nsafpow co aluegdalS 11Isllui)PS oo m rn N oO oo rn N N c v O V o Aej9}1af Al lslluapS o m O oo 4 oNo v m ^ W uau80 m m uiAaX A lsiluaPS N N m N m W � N N '-1 N N n O III3J o N N m N N O v1 m AD m ,� v ^ m N Aljago0 N XI3J o ^ qo8 N N oo N p O0 C N ti m •G ajnpnjlS. v Lo 0 Wd'JS/Jld � ^� T co � N pueljej:)W Aempeoa m n E a uol X3J N o, m ` N a oo 0 o m u a v a o •O m o °' c m a v > E o v v a 0�0 a.io ° m.. c w m m `.Q a d N o C > C m O. o Q C t0 N a) �'� o m a rco m p01 O -o cu ooN O > C N �. H DD J - U Y M o�p Qa O m U u w u a Q < m E is m a o c _ a` ? w Y a. �. a. N @cu Otak 2078 Billing Rates Otak, Inc. PIC/Sr. PM Architecture $228.75 $249.80 Sr. PM -Architecture $183.00 $224.18 Project Manager- Design $115.90 $128.10 Architect VI $164.70 $177.07 Architect V $140.30 $163.33 Architect IV $129.05 $139.29 Architect III $103.70 $118.49 Architect II $97.60 $102,48 Architect 1 $91.50 $96.08 Architectural Technician V $103.70 $121.12 Architectural Technician IV $88.45 $103.15 Architectural Technician III $80 83 $87 75 Architectural Technician 11 $72.44 $80.06 Architectural Technician 1 $61.00 $72.38 Sr. Interior Designer $115.90 $122.00 Interior Designer $94.55 $103.70 3D/Visualization Specialist II $100.65 $106.75 3D/Visualization Specialist 1 $85.40 $97.60 Sr. PIC/Sr. PM Civil $213.50 $244.00 PIC/Sr. Project Manager Civil $198.25 $210.45 Civil Engineer X $183.76 $195.20 Civil Engineer IX $170.80 $183.00 Civil Engineer VIII $154.03 $167.75 Civil Engineer VII $141.83 $153.97 Civil Engineer VI $134.96 $141.06 Civil Engineer V $124.64 $134.20 Civil Engineer IV $115.84 $123.17 Civil Engineer III $97.60 $109.80 Civil Engineer II $85.40 $96.68 Civil Engineer 1 $78.54 $82.46 Engineering Designer VI $128.10 $137.25 Engineering Designer V $108.28 $127.95 Engineering Designer IV $93.03 $107.76 Engineering Designer 111 $85.03 $92.87 Engineering Designer II $74.73 $82.35 Engineering Designer I $69.66 $73.91 1/2/2019 Otak 2018 Billing Rates Otak, Inc. Engineering Technician VI $109.50 $118.95 Engineering Technician V $89.82 $109.21 Engineering Technician IV $80.64 $89.67 Engineering Technician III $76.25 $80.06 Engineering Technician II $65.58 $72.90 Engineering Technician 1 $56.43 $64.05 PIC/Sr. CM $210.45 $237.90 Construction Manager IV $148.11 $167.75 Construction Manager 1111 $137.86 $147.93 Construction Manager II $127.49 $137.25 Construction Manager 1 $106.75 $122.00 CM Documentation Specialist III $106.75 $122.00 CM Documentation Specialist II $97.60 $105.99 CM Documentation Specialist 1 $83.57 $94.55 Field Representative VI $146.40 $158.60 Field Representative VI $134.20 $145.79 Field Representative V $117.43 $131.15 Field Representative IV $105.23 $115.90 Field Representative III $92.42 $103.70 Field Representative 11 $82.05 $88.45 Field Representative 1 $67.10 $76.25 Sr. PIC/Sr. PM LA/Master Planner $179.95 $219.60 PIC/Sr. PM LA/Master Planner $173.85 $204.35 Landscape Architect VI $134.66 $144.57 Landscape Architect V $114.38 $126.58 Landscape Architect IV $104.10 $118.95 Landscape Architect III $95.31 $109.80 Landscape Architect II $88 45 $96 99 Landscape Architect 1 $82.35 $88.15 Landscape Technician III $91.50 $103.70 Landscape Technician II $76.25 $91.50 Landscape Technician I $61.00 $73.20 Urban Designer V $149.45 $173.09 Urban Designer IV $132.68 $149.04 Urban Designer III $117.43 $131.15 1/2/2019 Otak 2018 Billing Rates Otak, Inc. Urban Designer II $104.46 $115.90 Urban Designer 1 $91.501 $103.70 Graphics Specialist $83.78 $92.39 PIC/Sr. PM Planner $219.60 $231.80 Sr. PM - Planner II $167.75 $189.40 Sr. PM - Planner 1 $142.98 $166.53 Planner 111 $124.65 $136.11 Planner 11 $87.99 $117.43 Planner 1 $80.64 $94.55 Planner Associate IV $104.16 $109.80 Planner Associate 111 $88.45 $94.55 Planner Associate II $75.64 $85.40 Planner Associate 1 $61.58 $68.17 Sr. GIS Specialist Planner $90.62 $95.15 GIS Specialist Planner $82.35 $88.45 Planning/GIS Intern $69.54 $73.20 PIC/Scientist $201.30 $213.50 Scientist VI $161.65 $189.10 Scientist V $146.40 $158.60 Scientist IV $128.10 $143.42 Scientist III $115.90 $127.79 Scientist II $70.15 $88.45 Scientist 1 $63.44 $66.61 Environmental Specialist $115.14 $118.95 Water Resource Analyst $184.53 $193.75 PIC/PLS - Sr. Manager $198.25 $215.56 Professional Land Surveyor IV $145.94 $157.05 Professional Land Surveyor 111 $128.10 $143.35 Professional Land Surveyor II $102.63 $125.05 Professional Land Surveyor 1 $86.56 $118.95 Survey Crew Chief III $97.60 $116.89 Survey Crew Chief II $80 52 $97 04 Survey Crew Chief 1 $67.10 $78.46 Survey Office Technician III $89.21 $103.70 1/2/2019 Otak 2018 Billing Rates Otak, Inc. Survey Office Technician II $77.78 $88.45 Survey Office Technician 1 $64.05 $77.26 Survey Field Technician III $68.63 $76.25 Survey Field Technician II $61.00 $68.11 Survey Field Technician 1 $54.90 $61.00 Contract Administrator $82.35 $109.80 Project Coordinator $91.50 $109.80 Project Administrative Assistant $67.10 $82.35 Graphics Specialist $100.65 $109.80 Note: All travel will be billed per WSDOT Travel Regulations, All sub-consultant costs and direct reimbursables will be at cost with no mark-ups, and Maximum rates include 5% escalation 1/2/2019 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 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, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering 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 shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than 1,000,000 per claim. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect 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 contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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 Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Client#: 53352 OTAKINC ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4 6/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Carly Underwood Greyling Ins. Brokerage/EPIC PHONE 770.552.4225 FAX 866.550.4082 A/C,No,Ext: A/C,No 3780 Mansell Road,Suite 370 E-MAIL cart underwood re Iln com Alpharetta,GA 30022 ADDRESS: y @g y g• INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Phoenix Insurance Company 25623 INSURED INSURER B:Travelers Indemnity Company 25658 Otak, InC. INSURERC:Beazley Insurance Company,Inc. 37540 808 SW Third Avenue, Suite 300 Travelers Indemnity Company of America 25666 Portland,OR 97204 II _ENSURER D: y p y INSURER E ':INSURER F COVERAGES CERTIFICATE NUMBER: 19-20 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 68051­12424691947 1/01/2019 01/01/2020 EACH OCCURRENCE $1 000000 CLAIMS-MADE EX OCCUR PREMISES(ERENTED nce $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER : I GENERAL AGGREGATE $2,000,000 POLICY � JO ECT X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER D AUTOMOBILE LIABILITY BA1502P89218GRP 1/01/2019 01/01/2020j EOaBINEDSINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED X AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE $ Per accident B X UMBRELLA LAB X OCCUR CUP5C8570811847 1/01/2019 01/01/202 EACH OCCURRENCE $10000000 EXCESS LAB CLAIMS-MADE AGGREGATE $1 O 00O 000 DED X RETENTION$10000 $ WORKERS COMPENSATION PER OH- ANY EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N TE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ I and f yes,describe under N/A Mandatory in I E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below IE.L.DISEASE-POLICY LIMIT $ C Professional V10267191001 1/01/2019 01/01/2020 Per Claim$2,000,000 Liability Aggregate$4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Summit Landsburg Road and Rock Creek Culvert Replacement Project. The City of Kent are named as Additional Insureds with respects to General&Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary&non-contributory where required by written contract. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 Fourth Avenue South THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1561975/M1427234 CUND1 7- DESCRIPTIONS (Continued from Page 1) Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days'written notice(except 10 days for nonpayment of premium)to the Certificate Holder. I SAGITTA 25.3(2016/03) 2 of 2 #S1561975/M1427234 COMMERCIAL GENERAL LIABILITY POI 1 Cy Number: 68051-12424691947 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or"property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" a. Only with respect to liability for"bodily injury", specifically requires you to provide such coverage for that additional insured, and then "property damage" or"personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the contract or agreement. additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organization for which non-contributory basis, this insurance is primary coverage as an additional insured specifically to other insurance available to the additional is added by another endorsement to this insured which covers that person or organizations Coverage Part. as a named insured for such loss, and we will not If. This insurance does not apply to the share with the other insurance, provided that: rendering of or failure to render any (1) The "bodily injury" or "property damage" for "professional services". which coverage is sought occurs; and g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section Ili — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 C)2015 The Travelers Indemnity Company.All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc..with its permission Page 1 of 2 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: "Written contract requiring insurance" means that part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance" with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect, and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 Cc)2015 The Travelers indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission AC"R" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04'/15/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heather Beelar NAME: Elliott Powell Baden and Baker Inc. PHONE (503)227-1771 FAX 503 274-7844 An ISU Network Member E-MAILo : : A/c,No: ( ) ADDREss: hbeelar@epbb.com 1521 SW Salmon Street INSURER(S)AFFORDING COVERAGE NAIC# Portland OR 97205-1783 INSURER A: SAIF INSURED INSURER B: Otak Inc. INSURER C 808 SW 3rd Avenue Suite 300 INSURER D: INSURER E: Portland OR 97204 INSURER F: COVERAGES CERTIFICATE NUMBER: 19/20 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE OF AUUL 5UIJRPOLICY EFF POLICY EXP LTR COMMERCIAL INSURANCE LIABILITY INSD WVD POLICY NUMBER MM/DDNYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1-1 OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ JECT ❑ LOC PRODUCTS-COMP/OPAGG $ POLICY El PRO- OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO Ea accident OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION $ X ER ER PER AND EMPLOYERS'LIABILITY �,/N STATUTE A ANY PROPRIETOR/PARTNER/EXECUTIVE 1,000,000 OFFICER/MEMBER EXCLUDED? F NIA 487431 01/01/2019 01/01/2020 E.L.EACH ACCIDENT $ (Mandatory in NH) 1,000,000 If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Rock Creek Fish Passage Project-Preliminary Design CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD -00 REQUEST FOR MAYOR'S SIGNATURE KENT Wnsni x<,rUn Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTME Ap roved Dinector -vell Originator: Steve Lincoln Phone (Originator): 55 Date Sent: 5/0/19 Date Required: 5/i51i9 Return Signed Document to: Nancy Yoshitake Contract Termination Date: 12/31/19 VENDOR NAME: Date Finance Notified: Otak, Inc. (Only required on contracts 4/4/ 1 9 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: 5/7/19 Date Risk Manager Notified:N/A (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: W2OOOS Authorized in the Budget? • YES NO Brief Explanation of Document: The attached agreement with Otak is to provide preliminary design services for the Summit Landsburg Road and Rock Creek Culvert Replacement Project. RECEIVED KENT All Contracts Must Be Routed Through The Law Department Received (This area to be completed by the Law Department) Approval of Law Dept.: Law De t. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: Disposition: SL; 5 H 15 City of Kent Office of the Mayor Date Returned: P\Civil\FormslDocument rocessing equest for Mayor's ignature.docx KENT WAS r11 N GTG N DATE: May 7, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with Otak, Inc. for Summit Landsburg Road and Rock Creek Culvert Replacement Project - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Otak, Inc. in an amount not to exceed $63,450 for preliminary design of the Summit Landsburg Road Culvert Replacement at Rock Creek, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Upon execution of the City of Kent Clark Springs Water Supply System Habitat Conservation Plan, the City obtained an Incidental Take Permit which serves to protect the City should operation of the City's water supply system result in harm to endangered salmon species. As a condition of the Habitat Conservation Plan, the City is required to implement a number of Habitat Conservation Measures that will enhance the habitat conditions in the watershed. The culvert replacement project at Summit Landsburg Road and Rock Creek is identified as Habitat Conservation Measure 5 (HCM-5), in the City of Kent's Clark Springs Habitat Conservation Plan. The goal of the project is to replace three existing 36-inch corrugated metal pipe culverts with a single, large culvert structure which meets fish passage requirements as determined by the WA Department of Fish and Wildlife. This contract with Otak, Inc. will allow the city to complete preliminary designs and submit for long lead environmental permits for a culvert crossing at Summit Landsburg Road and Rock Creek. Once the type, size, and location of the culvert are determined through this preliminary design phase, a separate contract will be needed to advance the project to final design. BUDGET IMPACT: Funded through budgeted water utility funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure ATTACHMENTS: 1. Otak, Inc. Agreement (PDF) 04/15/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 5/7/2019 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Brenda Fincher, Toni Troutner EXCUSED: Dennis Higgins