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Home My WebLink AboutContractTHISAGREEMENT,datedforreferencepurposesonlyasSeptember26,2022,isbyandbetween theCityofRenton(the“City”),aWashingtonmunicipalcorporation,andWSPUSAInc. (“Consultant”),aWashingtonCorporation.TheCityandtheConsultantarereferredto collectivelyinthisAgreementasthe“Parties.”OncefullyexecutedbytheParties,thisAgreement iseffectiveasofthelastdatesignedbybothparties. 1. ScopeofWork:ConsultantagreestoprovideMayCreekTrailSouthTrailandBridge DesignandPermittingservicesasspecifiedinExhibitA:MayCreekTrailSouthSoftSurface TrailandBridgeProject:Design,Permitting,andEnvironmentalStudies,whichisattached andincorporatedhereinandmayhereinafterbereferredtoasthe“Work.” 2. ChangesinScopeofWork:TheCity,withoutinvalidatingthisAgreement,mayorder changestotheWorkconsistingofadditions,deletionsormodifications.Anysuchchanges totheWorkshallbeorderedbytheCityinwritingandtheCompensationshallbe equitablyadjustedconsistentwiththeratessetforthinExhibitAorasotherwisemutually agreedbytheParties. 3. TimeofPerformance:ConsultantshallcommenceperformanceoftheAgreement pursuanttotheschedule(s)setforthinExhibitA.AllWorkshallbeperformedbynolater thanMarch31,2024. 4. Compensation: A. Amount.TotalcompensationtoConsultantforWorkprovidedpursuanttothis Agreementshallnotexceed$440,700.00,plusanyapplicablestateandlocalsales taxes.Compensationshallbepaidon a time and materials basis baseduponWork actuallyperformedaccordingtotherate(s)oramountsspecifiedinExhibitA.The ConsultantagreesthatanyhourlyorflatratechargedbyitforitsWorkshallremain lockedatthenegotiatedrate(s)unlessotherwiseagreedtoinwritingorprovidedin ExhibitA.Exceptasspecificallyprovidedherein,theConsultantshallbesolely responsibleforpaymentofanytaxesimposedasaresultoftheperformanceand paymentofthisAgreement. B. MethodofPayment.Onamonthlyornolessthanquarterlybasisduringanyquarter inwhichWorkisperformed,theConsultantshallsubmitavoucherorinvoiceinaform AGREEMENTFORMAYCREEKTRAILSOUTHTRAILANDBRIDGE DESIGNANDPERMITTINGSERVICES CAG-22-336 PAGE2OF10 specifiedbytheCity,includingadescriptionofwhatWorkhasbeenperformed,the nameofthepersonnelperformingsuchWork,andanyhourlylaborchargeratefor suchpersonnel.TheConsultantshallalsosubmitafinalbilluponcompletionofall Work.PaymentshallbemadebytheCityforWorkperformedwithinthirty(30) calendardaysafterreceiptandapprovalbytheappropriateCityrepresentativeofthe voucherorinvoice.IftheConsultant’sperformancedoesnotmeettherequirements ofthisAgreement,theConsultantwillcorrectormodifyitsperformancetocomply withtheAgreement.TheCitymaywithholdpaymentforworkthatdoesnotmeetthe requirementsofthisAgreement. C. EffectofPayment.PaymentforanypartoftheWorkshallnotconstituteawaiverby theCityofanyremediesitmayhaveagainsttheConsultantforfailureofthe ConsultanttoperformtheWorkorforanybreachofthisAgreementbythe Consultant. D. NonͲAppropriationofFunds.Ifsufficientfundsarenotappropriatedorallocatedfor paymentunderthisAgreementforanyfuturefiscalperiod,theCityshallnotbe obligatedtomakepaymentsforWorkoramountsincurredaftertheendofthe currentfiscalperiod,andthisAgreementwillterminateuponthecompletionofall remainingWorkforwhichfundsareallocated.Nopenaltyorexpenseshallaccrueto theCityintheeventthisprovisionapplies. 5. Termination: A. TheCityreservestherighttoterminatethisAgreementatanytime,withorwithout causebygivingten(10)calendardays’noticetotheConsultantinwriting.Intheevent ofsuchterminationorsuspension,allfinishedorunfinisheddocuments,data,studies, worksheets,modelsandreports,orothermaterialpreparedbytheConsultant pursuanttothisAgreementshallbesubmittedtotheCity,ifanyarerequiredaspart oftheWork. B. IntheeventthisAgreementisterminatedbytheCity,theConsultantshallbeentitled topaymentforallhoursworkedtotheeffectivedateoftermination,lessallpayments previouslymade.IftheAgreementisterminatedbytheCityafterpartialperformance ofWorkforwhichtheagreedcompensationisafixedfee,theCityshallpaythe Consultantanequitableshareofthefixedfee.Thisprovisionshallnotpreventthe Cityfromseekinganylegalremediesitmayhavefortheviolationornonperformance ofanyoftheprovisionsofthisAgreementandsuchchargesduetotheCityshallbe deductedfromthefinalpaymentduetheConsultant.Nopaymentshallbemadeby theCityforanyexpensesincurredorworkdonefollowingtheeffectivedateof terminationunlessauthorizedinadvanceinwritingbytheCity. PAGE3OF10 6. RightToUseWorkProduct:ConsultantrepresentsthatConsultantwillperformallWork identifiedinthisAgreementinaprofessionalandworkmanlikemannerandinaccordance withallreasonableandprofessionalstandardsandlaws.Compliancewithprofessional standardsincludes,asapplicable,performingtheWorkincompliancewithapplicableCity standardsorguidelines(e.g.designcriteriaandStandardPlansforRoad,Bridgeand MunicipalConstruction).Professionalengineersshallcertifyengineeringplans, specifications,plats,andreports,asapplicable,pursuanttoRCW18.43.070.Consultant furtherrepresentsandwarrantsthatallfinalworkproductcreatedforanddeliveredto theCitypursuanttothisAgreementshallbetheoriginalworkoftheConsultantandfree fromanyintellectualpropertyencumbrancewhichwouldrestricttheCityfromusingthe workproduct.ConsultantgrantstotheCityanonͲexclusive,perpetualrightandlicense touse,reproduce,distribute,adapt,modify,anddisplayallfinalworkproductproduced pursuanttothisAgreement.TheCity’sorother’sadaptation,modificationoruseofthe finalworkproductsotherthanforthepurposesofthisAgreementshallbewithoutliability totheConsultant.Theprovisionsofthissectionshallsurvivetheexpirationortermination ofthisAgreement. 7. RecordMaintenance:TheConsultantshallmaintainaccountsandrecords,which properlyreflectalldirectandindirectcostsexpendedandWorkprovidedinthe performanceofthisAgreementandretainsuchrecordsforaslongasmayberequiredby applicableWashingtonStaterecordsretentionlaws,butinanyeventnolessthansixyears aftertheterminationofthisAgreement.TheConsultantagreestoprovideaccesstoand copiesofanyrecordsrelatedtothisAgreementasrequiredbytheCitytoaudit expendituresandchargesand/ortocomplywiththeWashingtonStatePublicRecordsAct (Chapter42.56RCW).Theprovisionsofthissectionshallsurvivetheexpirationor terminationofthisAgreement. 8. PublicRecordsCompliance:TothefullextenttheCitydeterminesnecessarytocomply withtheWashingtonStatePublicRecordsAct,Consultantshallmakeaduediligentsearch ofallrecordsinitspossessionorcontrolrelatingtothisAgreementandtheWork, including,butnotlimitedto,eͲmail,correspondence,notes,savedtelephonemessages, recordings,photos,ordrawingsandprovidethemtotheCityforproduction.Intheevent Consultantbelievessaidrecordsneedtobeprotectedfromdisclosure,itmay,at Consultant’sownexpense,seekjudicialprotection.Consultantshallindemnify,defend, andholdharmlesstheCityforallcosts,includingattorneys’fees,attendanttoanyclaim orlitigationrelatedtoaPublicRecordsActrequestforwhichConsultanthasresponsive recordsandforwhichConsultanthaswithheldrecordsorinformationcontainedtherein, ornotprovidedthemtotheCityinatimelymanner.Consultantshallproducefor distributionanyandallrecordsresponsivetothePublicRecordsActrequestinatimely manner,unlessthoserecordsareprotectedbycourtorder.Theprovisionsofthissection shallsurvivetheexpirationorterminationofthisAgreement. PAGE4OF10 9. IndependentContractorRelationship: A. TheConsultantisretainedbytheCityonlyforthepurposesandtotheextentsetforth inthisAgreement.ThenatureoftherelationshipbetweentheConsultantandtheCity duringtheperiodoftheWorkshallbethatofanindependentcontractor,not employee.TheConsultant,nottheCity,shallhavethepowertocontrolanddirectthe details,mannerormeansofWork.Specifically,butnotbymeansoflimitation,the Consultantshallhavenoobligationtoworkanyparticularhoursorparticular schedule,unlessotherwiseindicatedintheScopeofWorkorwhereschedulingof attendanceorperformanceismutuallyarrangedduetothenatureoftheWork. ConsultantshallretaintherighttodesignatethemeansofperformingtheWork coveredbythisagreement,andtheConsultantshallbeentitledtoemployother workersatsuchcompensationandsuchotherconditionsasitmaydeemproper, provided,however,thatanycontractsomadebytheConsultantistobepaidbyit alone,andthatemployingsuchworkers,itisactingindividuallyandnotasanagent fortheCity. B. TheCityshallnotberesponsibleforwithholdingorotherwisedeductingfederal incometaxorSocialSecurityorcontributingtotheStateIndustrialInsurance Program,orotherwiseassumingthedutiesofanemployerwithrespecttoConsultant oranyemployeeoftheConsultant. C. IftheConsultantisasoleproprietorshiporifthisAgreementiswithanindividual,the ConsultantagreestonotifytheCityandcompleteanyrequiredformiftheConsultant retiredunderaStateofWashingtonretirementsystemandagreestoindemnifyany lossestheCitymaysustainthroughtheConsultant’sfailuretodoso. 10. HoldHarmless:TheConsultantagreestorelease,indemnify,defend,andholdharmless theCity,electedofficials,employees,officers,representatives,andvolunteersfromany andallclaims,demands,actions,suits,causesofaction,arbitrations,mediations, proceedings,judgments,awards,injuries,damages,liabilities,taxes,losses,fines,fees, penalties,expenses,attorney’sorattorneys’fees,costs,and/orlitigationexpensestoor byanyandallpersonsorentities,arisingfrom,resultingfrom,orrelatedtothenegligent acts,errorsoromissionsoftheConsultantinitsperformanceofthisAgreementora breachofthisAgreementbyConsultant,exceptforthatportionoftheclaimscausedby theCity’snegligence. ShouldacourtofcompetentjurisdictiondeterminethatthisagreementissubjecttoRCW 4.24.115,(Validityofagreementtoindemnifyagainstliabilityfornegligencerelativeto construction,alteration,improvement,etc.,ofstructureorimprovementattachedtoreal estate…)then,intheeventofliabilityfordamagesarisingoutofbodilyinjurytopersons ordamagestopropertycausedbyorresultingfromtheconcurrentnegligenceofthe PAGE5OF10 ConsultantandtheCity,itsofficers,officials,employeesandvolunteers,Consultant’s liabilityshallbeonlytotheextentofConsultant’snegligence. Itisfurtherspecificallyandexpresslyunderstoodthattheindemnificationprovidedinthis AgreementconstituteConsultant’swaiverofimmunityundertheIndustrialInsurance Act,RCWTitle51,solelyforthepurposesofthisindemnification.ThePartieshave mutuallynegotiatedandagreedtothiswaiver.Theprovisionsofthissectionshallsurvive theexpirationorterminationofthisAgreement. 11. GiftsandConflicts:TheCity’sCodeofEthicsandWashingtonStatelawprohibitCity employeesfromsoliciting,accepting,orreceivinganygift,gratuityorfavorfromany person,firmorcorporationinvolvedinacontractortransaction.Toensurecompliance withtheCity’sCodeofEthicsandstatelaw,theConsultantshallnotgiveagiftofanykind toCityemployeesorofficials.ConsultantalsoconfirmsthatConsultantdoesnothavea businessinterestoraclosefamilyrelationshipwithanyCityofficeroremployeewhowas, is,orwillbeinvolvedinselectingtheConsultant,negotiatingoradministeringthis Agreement,orevaluatingtheConsultant’sperformanceoftheWork. 12. CityofRentonBusinessLicense:UnlessexemptedbytheRentonMunicipalCode,t ConsultantshallobtainaCityofRentonBusinessLicensepriortoperforminganyWork andmaintainthebusinesslicenseingoodstandingthroughoutthetermofthis agreementwiththeCity. Informationregardingacquiringacitybusinesslicensecanbefoundat: https://www.rentonwa.gov/Tax InformationregardingStatebusinesslicensingrequirementscanbefoundat: https://dor.wa.gov/doingͲbusiness/registerͲmyͲbusiness 13. Insurance:Consultantshallsecureandmaintain: A. Commercialgeneralliabilityinsuranceintheminimumamountsof$1,000,000for eachoccurrence/$2,000,000aggregatefortheTermofthisAgreement. B. IntheeventthatWorkdeliveredpursuanttothisAgreementeitherdirectlyor indirectlyinvolveorrequireProfessionalServices,ProfessionalLiability,Errorsand Omissionscoverageshallbeprovidedwithminimumlimitsof$1,000,000per Claim/Annualaggregateoccurrence."ProfessionalServices",forthepurposeofthis section,shallmeananyWorkprovidedbyalicensedprofessionalorWorkthat requiresaprofessionalstandardofcare. C. Workers’compensationcoverage,asrequiredbytheIndustrialInsurancelawsofthe StateofWashington,shallalsobesecured. PAGE6OF10 D. CommercialAutomobileLiabilityforowned,leased,hiredornonͲowned,leased,hired ornonͲowned,withminimumlimitsof$1,000,000peroccurrencecombinedsingle limit,iftherewillbeanyuseofConsultant’svehiclesontheCity’sPremisesbyoron behalfoftheCity,beyondnormalcommutes. E. ConsultantshallnametheCityasanAdditionalInsuredonitscommercialgeneral liabilitypolicyonanonͲcontributoryprimarybasis.TheCity’sinsurancepoliciesshall notbeasourceforpaymentofanyConsultantliability,norshallthemaintenanceof anyinsurancerequiredbythisAgreementbeconstruedtolimittheliabilityof ConsultanttothecoverageprovidedbysuchinsuranceorotherwiselimittheCity’s recoursetoanyremedyavailableatlaworinequity. F. SubjecttotheCity’sreviewandacceptance,acertificateofinsuranceshowingthe properendorsements,shallbedeliveredtotheCitybeforeperformingtheWork. G. ConsultantshallprovidetheCitywithwrittennoticeofanypolicycancellation,within two(2)businessdaysoftheirreceiptofsuchnotice. 14. Delays:Consultantisnotresponsiblefordelayscausedbyfactorsbeyondthe Consultant’sreasonablecontrol.WhensuchdelaysbeyondtheConsultant’sreasonable controloccur,theCityagreestheConsultantisnotresponsiblefordamages,norshallthe ConsultantbedeemedtobeindefaultoftheAgreement. 15. SuccessorsandAssigns:NeithertheCitynortheConsultantshallassign,transferor encumberanyrights,dutiesorinterestsaccruingfromthisAgreementwithoutthe writtenconsentoftheother. 16. Notices:AnynoticerequiredunderthisAgreementwillbeinwriting,addressedtothe appropriatepartyattheaddresswhichappearsbelow(asmodifiedinwritingfromtime totimebysuchparty),andgivenpersonally,byregisteredorcertifiedmail,returnreceipt requested,byfacsimileorbynationallyrecognizedovernightcourierservice.Timeperiod fornoticesshallbedeemedtohavecommenceduponthedateofreceipt,EXCEPT facsimiledeliverywillbedeemedtohavecommencedonthefirstbusinessdayfollowing transmission.Emailandtelephonemaybeusedforpurposesofadministeringthe Agreement,butshouldnotbeusedtogiveanyformalnoticerequiredbytheAgreement. PAGE7OF10 CITYOFRENTON JasonLederer 1055SouthGradyWay Renton,WA98057 Phone:(425)430Ͳ6547 jlederer@rentonwa.gov CONSULTANT GarthNelson 33301NinthAvenueSouth,Ste300 FederalWay,WA98003 Phone:(206)431Ͳ2388 garth.nelson@wsp.com 17. DiscriminationProhibited:Excepttotheextentpermittedbyabonafideoccupational qualification,theConsultantagreesasfollows: A. Consultant,andConsultant’sagents,employees,representatives,andvolunteers withregardtotheWorkperformedortobeperformedunderthisAgreement,shall notdiscriminateonthebasisofrace,color,sex,religion,nationality,creed,marital status,sexualorientationorpreference,age(exceptminimumageandretirement provisions),honorablydischargedveteranormilitarystatus,orthepresenceofany sensory,mentalorphysicalhandicap,unlessbaseduponabonafideoccupational qualificationinrelationshiptohiringandemployment,inemploymentorapplication foremployment,theadministrationofthedeliveryofWorkoranyotherbenefits underthisAgreement,orprocurementofmaterialsorsupplies. B. TheConsultantwilltakeaffirmativeactiontoinsurethatapplicantsareemployedand thatemployeesaretreatedduringemploymentwithoutregardtotheirrace,creed, color,nationalorigin,sex,age,sexualorientation,physical,sensoryormental handicaps,ormaritalstatus.Suchactionshallinclude,butnotbelimitedtothe followingemployment,upgrading,demotionortransfer,recruitmentorrecruitment advertising,layoffortermination,ratesofpayorotherformsofcompensationand selectionfortraining. C. IftheConsultantfailstocomplywithanyofthisAgreement’snonͲdiscrimination provisions,theCityshallhavetheright,atitsoption,tocanceltheAgreementin wholeorinpart. D. TheConsultantisresponsibletobeawareofandincompliancewithallfederal,state andlocallawsandregulationsthatmayaffectthesatisfactorycompletionofthe project,whichincludesbutisnotlimitedtofairlaborlaws,worker'scompensation, andTitleVIoftheFederalCivilRightsActof1964,andwillcomplywithCityofRenton CouncilResolutionNumber4085. 18. Miscellaneous:Thepartiesherebyacknowledge: A. TheCityisnotresponsibletotrainorprovidetrainingforConsultant. PAGE8OF10 B. Consultantwillnotbereimbursedforjobrelatedexpensesexcepttotheextent specificallyagreedwithintheattachedexhibits. C. Consultantshallfurnishalltoolsand/ormaterialsnecessarytoperformtheWork excepttotheextentspecificallyagreedwithintheattachedexhibits. D. Intheeventspecialtraining,licensing,orcertificationisrequiredforConsultantto provideWorkhe/shewillacquireormaintainsuchathis/herownexpenseand,if Consultantemploys,subͲcontracts,orotherwiseassignstheresponsibilitytoperform theWork,saidemployee/subͲcontractor/assigneewillacquireandormaintainsuch training,licensing,orcertification. E. ThisisanonͲexclusiveagreementandConsultantisfreetoprovidehis/herWorkto otherentities,solongasthereisnointerruptionorinterferencewiththeprovisionof WorkcalledforinthisAgreement. F. Consultantisresponsibleforhis/herowninsurance,including,butnotlimitedto healthinsurance. G. Consultantisresponsibleforhis/herownWorker’sCompensationcoverageaswellas thatforanypersonsemployedbytheConsultant. 19. OtherProvisions: A. ApprovalAuthority.EachindividualexecutingthisAgreementonbehalfoftheCity andConsultantrepresentsandwarrantsthatsuchindividualsaredulyauthorizedto executeanddeliverthisAgreementonbehalfoftheCityorConsultant. B. GeneralAdministrationandManagement.TheCity’sprojectmanagerisJason Lederer,ParksPlanningManager.InprovidingWork,Consultantshallcoordinatewith theCity’scontractmanagerorhis/herdesignee. C. AmendmentandModification.ThisAgreementmaybeamendedonlybyan instrumentinwriting,dulyexecutedbybothParties. D. Conflicts.IntheeventofanyinconsistenciesbetweenConsultantproposalsandthis Agreement,thetermsofthisAgreementshallprevail.Anyexhibits/attachmentsto thisAgreementareincorporatedbyreferenceonlytotheextentofthepurposefor whichtheyarereferencedwithinthisAgreement.TotheextentaConsultant preparedexhibitconflictswiththetermsinthebodyofthisAgreementorcontains termsthatareextraneoustothepurposeforwhichitisreferenced,thetermsinthe bodyofthisAgreementshallprevailandtheextraneoustermsshallnotbe incorporatedherein. PAGE9OF10 E. GoverningLaw.ThisAgreementshallbemadeinandshallbegovernedbyand interpretedinaccordancewiththelawsoftheStateofWashingtonandtheCityof Renton.ConsultantandalloftheConsultant’semployeesshallperformtheWorkin accordancewithallapplicablefederal,state,countyandcitylaws,codesand ordinances. F. JointDraftingEffort.ThisAgreementshallbeconsideredforallpurposesasprepared bythejointeffortsofthePartiesandshallnotbeconstruedagainstonepartyorthe otherasaresultofthepreparation,substitution,submissionorothereventof negotiation,draftingorexecution. G. JurisdictionandVenue.Anylawsuitorlegalactionbroughtbyanypartytoenforceor interpretthisAgreementoranyofitstermsorcovenantsshallbebroughtintheKing CountySuperiorCourtfortheStateofWashingtonattheMalengRegionalJustice CenterinKent,KingCounty,Washington,oritsreplacementorsuccessor.Consultant herebyexpresslyconsentstothepersonalandexclusivejurisdictionandvenueof suchcourtevenifConsultantisaforeigncorporationnotregisteredwiththeStateof Washington. H. Severability.Acourtofcompetentjurisdiction’sdeterminationthatanyprovisionor partofthisAgreementisillegalorunenforceableshallnotcancelorinvalidatethe remainderofthisAgreement,whichshallremaininfullforceandeffect. I. SoleandEntireAgreement.ThisAgreementcontainstheentireagreementofthe Partiesandanyrepresentationsorunderstandings,whetheroralorwritten,not incorporatedareexcluded. J. TimeisoftheEssence.TimeisoftheessenceofthisAgreementandeachandallof itsprovisionsinwhichperformanceisafactor.Adherencetocompletiondatesset forthinthedescriptionoftheWorkisessentialtotheConsultant’sperformanceof thisAgreement. K. ThirdͲPartyBeneficiaries.NothinginthisAgreementisintendedto,norshallbe construedtogiveanyrightsorbenefitsintheAgreementtoanyoneotherthanthe Parties,andalldutiesandresponsibilitiesundertakenpursuanttothisAgreementwill beforthesoleandexclusivebenefitofthePartiesandnooneelse. L. BindingEffect.ThePartieseachbindthemselves,theirpartners,successors,assigns, andlegalrepresentativestotheotherpartytothisAgreement,andtothepartners, successors,assigns,andlegalrepresentativesofsuchotherpartywithrespecttoall covenantsoftheAgreement. PAGE10OF10 M. Waivers.Allwaiversshallbeinwritingandsignedbythewaivingparty.Eitherparty’s failuretoenforceanyprovisionofthisAgreementshallnotbeawaiverandshallnot preventeithertheCityorConsultantfromenforcingthatprovisionoranyother provisionofthisAgreementinthefuture.Waiverofbreachofanyprovisionofthis Agreementshallnotbedeemedtobeawaiverofanypriororsubsequentbreach unlessitisexpresslywaivedinwriting. N. Counterparts.ThePartiesmayexecutethisAgreementinanynumberof counterparts,eachofwhichshallconstituteanoriginal,andallofwhichwilltogether constitutethisoneAgreement. INWITNESSWHEREOF,thePartieshavevoluntarilyenteredintothisAgreementasofthedate lastsignedbythePartiesbelow. CITYOFRENTON By: CONSULTANT By: ArmondoPavone Mayor KaraCrawford,PE AssistantVicePresident DateDate Attest JasonA.Seth CityClerk ApprovedastoLegalForm By: CherylBeyer SeniorAssistantCityAttorney Clb10/4/22Nonstandard(2191) KĐƚŽďĞƌϭϬ͕ϮϬϮϮ (approved via email on 10/10/2022) October 12, 2022 EXHIBITA ScopeofServicesProposal ProposalfortheMayCreekTrailSouth SoftSurfaceTrailandBridgeProject: Design,Permitting,andEnvironmentalStudies Preparedfor CityofRenton Renton,Washington Prepared by WSPUSA September 9, 2022 September 9, 2022 Jason Lederer Parks Planning Manager Parks Planning and Natural Resources Division City of Renton 1055 South Grady Way Renton, WA 98057 Subject: May Creek Trail South Soft Surface Trail and Bridge Design, Permitting, and Environmental Studies Request for Proposal Dear Mr. Lederer: WSP USA is pleased to submit our proposal to the City of Renton to provide services for the May Creek Trail South Soft Surface Trail and Bridge Design, Permitting, and Environmental Studies project. Our proposal includes a fee, project approach, key personnel involved in the project, a project schedule, and a description for the scope of services. We have prepared this proposal to present our intent to provide services in all project categories listed by the request for proposal. We have accomplished this by adding expertise from subconsultants PanGeo for geotechnical engineering, Sitts & Hill Engineering Inc. for surveying services, and Davey Resource Group for arborist services to meet the City’s potential project needs. Our fee proposal is separated into tasks that match the scope of services as discussed on the August 8, 2022 meeting with scope of work. Included in this fee proposal are optional tasks of bidding/contract support, construction administration, and project close out. We propose to perform this work on a time-and-materials basis for a maximum fee of $440,700 (Four Hundred Forty Thousand Seven Hundred Dollars). As the WSP Assistant Vice President located in Federal Way, Washington, I am authorized to represent WSP on contractual matters. Joe Galloway will serve as the project executive providing oversight, and Garth Nelson will be the project manager and the primary point of contact for the City. Both my and Garth’s contact information are provided below. Kara Crawford Garth Nelson 33301 Ninth Avenue South, Suite 300 33301 Ninth Avenue South, Suite 300 Federal Way, WA 98003 Federal Way, WA 98003 206-382-6347 206-431-2388 kara.crawford@wsp.com garth.nelson@wsp.com We look forward to the opportunity to assist the City of Renton in its engineering needs. Sincerely, Kara Crawford, PE Garth Nelson, PE Assistant Vice President, Federal Way, WA Project Manager Attachments Attachment A – WSP Fee Proposal Attachment B – WSP Proposal WSP USA Suite 300 33301 Ninth Avenue South Federal Way, WA 98003-2600 +1 206-431-2300 wsp.com ATTACHMENT A - PROPOSAL FOR ASSESSMENT SERVICES Location: Renton, Washington Project: May Creek Trail South Soft Surface Trail and Bridge Design Fee Estimate - WSP USA Labor, Subconsultants, and Expenses - 09 September 2022 Item Project Manager P-12 $192 Quality Assurance/C ontrol $259 Senior Landscape Architect $171 Landscape Architect $129 Senior Civil Engineer $231 Civil Engineer $137 Senior Structural Engineer $192 Structural Engineer P-9 $108 Project Accountant $139 Drafting/ Graphics $128 Word Processing $115 Costs Task 1 - Project Management/Coordination $ 39,736 1.1 Management/Coordination/Document Control 12 8 6 $ 4,106 1.2 Quality Assurance/Quality Control 4 52 12 2 $ 16,518 1.3 Project Meetings (10 through 90% Design Develop) 10 10 10 10 10 10 10 $ 11,600 1.4 Work Product Review Meetings with Client 8 8 8 $ 4,752 1.5 Project Scheduling 6 4 4 $ 2,760 Task 2 - Preliminary Design $ 35,176 2.1 Trail and Bridge Preliminary Design 8 24 16 16 64 8 24 40 $ 29,416 3D Renderings 42 $ 5,418 2.2 Site Survey (see Sub-Consultant Fee) $ - 2.3 Geotechnical Investigation (See Sub-Consultant Fee) $ - 2.4 Tree Inventory and Arborist Report (see Sub-Consultant Fee) 2 $ 342 Task 3 - 30 Percent Design Development $ 33,128 3.1 30 Percent Design 16 24 40 8 32 16 40 56 $ 33,128 Task 4 - 60 Percent Design Development $ 64,156 4.1 60 Percent Construction/Bidding Documents 16 32 80 32 100 24 80 64 24 $ 64,156 Task 5 - 90 Percent Design Development $ 61,416 5.1 90 Percent Construction/Bidding Documents 16 32 80 32 80 24 80 64 24 $ 61,416 Task 6 - 100 Percent Construction/Bidding Documents $ 32,248 6.1 100 Percent Construction/Bidding Documents 16 16 24 24 40 24 24 40 $ 32,248 Task 7 - Permitting and Regulatory Agency Approval $ 99,532 5.1 See separate fee estimate Total WSP USA Hours: Subtotal WSP Labor (with Overhead & Profit): $ 99,532 112 52 164 292 134 326 106 258 8 264 56 $ 1,772 $21,504 $13,468 $28,044 $37,668 $30,954 $44,662 $20,352 $27,864 $1,112 $33,792 $6,440 $365,392 Sub-Consultants Site Survey (Sitts & Hill) Geotechnical (PanGEO Inc.) Tree Inventory and Arborist Report (Davey Resource Group) $ 37,760.00 $ 20,423.00 $ 17,010.00 Subtotal Subconsultants: $ 75,193.00 Expenses (WSP only) Mileage = $ 0.625 per mile x 40 miles x 4 trip(s) = $100 Subtotal Expenses: $100 TOTAL COST, ROUNDED: Say: $440,700 WSP Environmental FEE ESTIMATE Title: City of Renton May Creek Trail Permitting Date: 23-08-22 TASK StaffȱDesignationȱ TASK DESCRIPTION Project Manager Senior Environmental Scientist Environmental Scientist Junior Environmental Scientist Associate Environmental Scientist Landscape Architect GIS Specialist Comm Specialist $192.00ȱ $187.00ȱ $155.00ȱ $112.00ȱ $88.00ȱ $171.00ȱ $152.00ȱ $115.00ȱ GDNȱ DJRȱ GHRȱ BSȱ KMȱ DWȱ SRȱ NBȱ 1 Site Assessment $10,000.00ȱ 1.1 Wetland and OHWM delineation (5 days, two scientists) 50ȱ 50ȱ $10,000.00ȱ 2 USACE Permitting $12,216.00ȱ 2.1 2.2 2.3 2.4 2.5 Preapplication meeting (assume one hour prep, one hour meeting, one hour debrief/notes) Draft JARPA Final JARPA USACE coordination (up to ten half-hour calls, one WSP staff) QA/QC 3ȱ 3ȱ $801.00ȱ 4ȱ 30ȱ 18ȱ 6ȱ $7,534.00ȱ 2ȱ 6ȱ 8ȱ 4ȱ $2,722.00ȱ 5ȱ $775.00ȱ 2ȱ $384.00ȱ 3 ESA Consultation $12,989.00ȱ 3.1 3.2 3.3 3.4 Draft BE Final BE ESA Coordination (up to ten half-hour calls, one WSP staff) QA/QC 4ȱ 36ȱ 10ȱ 8ȱ $7,220.00ȱ 2ȱ 12ȱ 16ȱ 4ȱ $4,610.00ȱ 5ȱ $775.00ȱ 2ȱ $384.00ȱ 4 HPA $2,001.00ȱ 4.1 4.2 4.3 4.4 Draft HPA Final HPA WDFW Coordination (up to two half-hour calls, one WSP staff) QA/QC 1ȱ 8ȱ $1,083.00ȱ 1ȱ 2ȱ $379.00ȱ 1ȱ $155.00ȱ 2ȱ $384.00ȱ 5 Shoreline Substantial Development Permit 4ȱ $608.00ȱ 5.1 5.2 5.3 Draft SSDP Final SSDP QA/QC 4ȱ $608.00ȱ 6 Land Use Permit and Conditional Use Permit Package $9,052.00ȱ 6.1 6.2 6.3 Draft Land Use Permit Master Application and Conditional Use Permit Pack Final Land Use Permit Master Application and Conditional Use Permit Pack QA/QC 4ȱ 40ȱ 4ȱ 6ȱ $6,602.00ȱ 2ȱ 10ȱ 2ȱ 2ȱ $2,066.00ȱ 2ȱ $384.00ȱ 7 Critical Areas Review $37,553.00ȱ 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 Draft Stream Study and Wetland Assessment Final Stream Study and Wetland Assessment Draft Wetland and Stream Mitigation Plan Final Wetland and Stream Mitigation Plan Draft Habitat Data Report Final Habitat Data Report City of Renton Coordination (up to twelve half-hour calls, one WSP staff) QA/QC 8ȱ 40ȱ 24ȱ 12ȱ $11,004.00ȱ 4ȱ 12ȱ 8ȱ 4ȱ $3,768.00ȱ 8ȱ 8ȱ 40ȱ 12ȱ 18ȱ 8ȱ $12,924.00ȱ 2ȱ 4ȱ 12ȱ 6ȱ 8ȱ 4ȱ $5,040.00ȱ 2ȱ 12ȱ 6ȱ $2,408.00ȱ 1ȱ 4ȱ 4ȱ $1,095.00ȱ 6ȱ $930.00ȱ 2ȱ $384.00ȱ 8 SEPA $6,582.00ȱ 8.1 8.2 8.3 Draft SEPA Checklist Final SEPA Checklist QA/QC 8ȱ 24ȱ 4ȱ $4,388.00ȱ 2ȱ 8ȱ 2ȱ $1,436.00ȱ 2ȱ 2ȱ $758.00ȱ 9 Tribal Concurrence $620.00ȱ 9.1 Tribal Coordination 4ȱ $620.00ȱ 10 401 Water Quality Certification $7,654.00ȱ 10.1 10.2 10.3 Draft Water Quality Monitoring Plan Final Water Quality Monitoring Plan QA/QC 2ȱ 24ȱ 6ȱ 6ȱ $5,696.00ȱ 1ȱ 6ȱ 2ȱ 3ȱ $1,766.00ȱ 1ȱ $192.00ȱ Expenses $257.40ȱ $ 0.585 10% Mileage (40 miles round trip, five trips for two people, 10 trips total) Administrative Fee $234.00ȱ $23.40ȱ Subcontractors 10% Administrative Fee Total Hours 13ȱ 49ȱ 77ȱ 349ȱ 50ȱ 24ȱ 122ȱ 83ȱ Total Expenses $257.40ȱ TOTAL FEE $2,496ȱ $9,163ȱ $11,935ȱ $39,088ȱ $4,400ȱ $4,104ȱ $18,544ȱ $9,545ȱ $99,532ȱ WSP USA 33301 Ninth Avenue South, Suite 300 Federal Way, Washington 98391 Request for Proposal City of Renton May Creek Trail South Soft Surface Trail and Bridge Design, Permitting, and Environmental Studies Submitted to Jason Lederer, Parks Planning Manager City of Renton Community Services Department Parks Planning and Natural Resources Division 1055 South Grady Way Renton, WA 98057 September 09, 2022 Submitted by WSP USA 33301 Ninth Avenue South, Suite 300 Federal Way, Washington 98003-2600 202107587 City of Renton, Washington Page ii of ii REQUEST FOR PROPOSAL CITY OF RENTON MAY CREEK TRAIL SOUTH: PROFESSIONAL SERVICES FOR TRAIL AND BRIDGE DESIGN, PERMITTING, AND ENVIRONMENTAL STUDIES TABLE OF CONTENTS SECTION PAGE INTRODUCTION ........................................................................................................................... 1 PROJECT APPROACH ................................................................................................................ 1 Project Administration and Coordination ...................................................................... 1 Design Project Approach ................................................................................................ 1 KEY PERSONNEL ......................................................................................................................... 2 PROJECT SCHEDULE ................................................................................................................ 6 SCOPE OF SERVICES ................................................................................................................. 7 Task 1: Project Management .......................................................................................... 7 Task 2: PrelimInary Design ............................................................................................ 8 Task 3: 30 Percent Design ............................................................................................. 11 Task 4: 60 Percent Design Development ..................................................................... 12 Task 5: 90 Percent Design Development ..................................................................... 12 Task 6: 100 Percent Construction/Bidding Documents .............................................. 13 Task 7: Permitting and Regulatory Agency Approval ................................................ 14 CLOSING .................................................................................................................................... 15 May Creek Trail South WSP USA, 202107587 Design, Permitting, and Environmental Studies September 9, 2022 May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 1 of 18 INTRODUCTION WSP USA is pleased to have the opportunity to provide the City of Renton with the following proposal for the design of a new soft surface trail and bridge at May Creek Greenway in Renton, Washington. The project consists of design and permitting for a new soft-surface trail approximately one-quarter mile in length and a pedestrian bridge over May Creek, which will tie into an existing trail on the north side of the creek. The existing trail is assumed to be a Trail Class 4, and the new trail will be designed to match this classification. Environmental studies will be provided to fully support the permitting effort, and the new trail and bridge will conform to the Americans with Disabilities Act (ADA). PROJECT APPROACH PROJECT ADMINISTRATION AND COORDINATION WSP will manage and oversee team services for the project and the coordination of the project team. A schedule will be developed and updated throughout the duration of the project. Meetings for the project kickoff, review of major deliverables, and specific City requests will be attended by key members of the WSP team. Included will be work product review meetings to receive comments following the City’s review of the preliminary design and 30, 60, and 90 percent design development documents. Project meetings will be held every other week via teleconference through the design phase of the project. City personnel will be invited to attend these project meetings. Not all WSP team members will attend each meeting; however, project management and members requiring coordination will attend, depending on the stage of design. The following approach is based on our review of the provided documents in the request for proposal. This approach includes project administration and coordination, preliminary design, design development documents, 100 percent construction documents, permitting and regulatory agency approval support, surveys and studies required for permitting, and bidding and contract support as an optional-add item. DESIGN PROJECT APPROACH Development of a preliminary design will begin with field investigations that will include a site survey of the area, geotechnical exploration, an arborist tree review and assessment, and an ecological overview of flora and fauna of the project region, and wildlife habitat valuation. The site survey will establish horizontal and vertical control, include a topographic survey with sufficient detail to produce 1-foot contours interval mapping, location of existing features, significant trees (trunks greater than 6 inches), and Federal Emergency Management Agency (FEMA) flood plain. Additionally, the site survey will include the ordinary high-water mark (OHWM) and environmental sensitive areas as flagged by WSP environmental scientists/biologists. Geotechnical investigations will include a detailed reconnaissance to observe and evaluate the site for rock outcroppings, riverbank, and thalweg soils. A geotechnical exploration program will be required to conduct borings for obtaining select samples in the area. Soil and rock samples obtained from the field exploration program will be inspected in the laboratory and geotechnical tests will be conducted for engineering properties. May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 2 of 18 Per the obtained field data, preliminary arborist report and preliminary site survey, a conceptual trail alignment will be developed. This trail alignment will take into consideration critical areas, existing contours, preservation and protection of existing trees, site features and rock outcroppings, and proximity to the FEMA-determined flood plain elevations to meet federal, state, city, and ADA requirements. Natural contours usage, open areas, and breaks in the land will be used to the maximum extent for signage, interpretive signage, benches, and trash receptacles. A bridge location across May Creek along this trail alignment will be selected to minimize the clear span, and will have the abutments located outside of environmental boundaries to the maximum extent possible as well as outside the FEMA 100-year flood plain as determined by the FEMA Flood Insurance Rate Map. Development of the trail/bridge design will begin on acceptance of the preliminary design from the City of Renton. The design team will define the trail extents and grading limits and determine the location of the bridge over May Creek through the development of the drainage plan engineered by WSP staff in accordance with the City of Renton’s surface water design manual. Existing documents and a FEMA flood plain map revealed that the bridge clear span would likely be required to have a 60-ft to 70-foot clear span in order for the abutments of the bridge to be located upland of the OHWM. This is important as it locates the bridge outside of the 100- year flood plain, minimizing hydraulic and biological impacts. Additionally, this positioning would negate the need for a potentially lengthy Endangered Species Act (ESA) consultation (see Permitting Approach section below for more details). Design of the single-span bridge will blend durability of materials, address constructability, ease of maintenance, and consider the look and feel of the natural environment. Site landscape improvements will be restricted to those areas defined by the clearing and grading impact limits. Landscaping will reflect the inherent natural character and qualities of the May Creek environment and blend with proposed improvements. Native plant species will be used to benefit and reinforce those that presently exists within the water shed and upland zones. Temporary irrigation will be carefully planned to limit impacts and support plantings until they are established. Site amenities will be selected to compliment and/or reflect the intrinsic features found within the local region. The WSP team can provide optional construction services to allow for continuity of design team involvement through the construction process. Services to be provided by the WSP team during construction will include shop drawing review, submittal review, responses to the contractor’s requests for information, and contractor pay request review. Services will also include site visits, attendance at project meetings (preconstruction and progress), and preparation of record drawings. KEY PERSONNEL We have assembled a cohesive team of highly qualified professionals who have the expertise required to perform all aspects associated with this project. The WSP team will provide the City with a level of experience specific to the City’s needs. Our team’s project executive will be Joe Galloway, who has a long track record of supporting projects for a variety of public clients. Garth Nelson will be the project manager/structural engineer of record and will be your primary contact throughout the contract. Garth will May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 3 of 18 coordinate the WSP team and activities of the subconsultants. Greg Banks will serve as the quality assurance/quality control (QA/QC) manager for the project. Vern Nielsen will lead the civil engineering effort and be the civil engineer of record, and Dan Wojtala will be in charge of developing the trail and will be the landscape architect of record. Grace Roberts will be the permitting lead and will direct all environmental studies and surveys. Included in the WSP team is local expertise in geotechnical engineering (Paul Grant with PanGeo), surveying services (Mike McEvilly with Sitts & Hill Engineers, Inc.), and arborist services (Ian Scott with Davey Resource Group). Key staff roles are shown in the organizational chart below. Biographies for each individual immediately follow. Provided as an attachment is a resume for Garth Nelson, project manager. Joe Galloway, PE | Project Executive – WSP USA Joe Galloway has over 25 years of experience providing civil and structural engineering for oversight, evaluation, design, and construction support of parks and waterfront facilities. From conceptual level planning to detailed analysis and design documents develop through to construction support, Joe has a thorough understanding of all aspects of engineering requirements in sensitive environments. His experience also includes analysis and inspection of movable and floating structures. In addition, he is familiar with various methods of nondestructive testing (NDT) of structures, as well as NDT development. Greg Banks, PE, SE | Quality Assurance/Quality Control Manager – WSP USA Greg Banks has 17 years of experience providing bridge structural engineering design, quality assurance/quality control (QA/QC), and construction support. He has served as a project manager and lead designer on numerous bridge projects with a strong background in roadway geometrics, structural mechanics, segmental bridge construction, seismic design and analysis of bridge structures, and bridge load rating. He is a good communicator and coordinates well with other disciplines working on a project. Greg’s experience includes QA/QC of 15 bridge designs May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 4 of 18 for the City of Seattle, and the design of drilled shafts; driven piles; spread footings; cast-in-place and precast concrete columns and crossbeams; steel plate girders; precast concrete girders; cast- in-place, post-tensioned box girders; and full-depth, precast deck panels. Greg understands bridge construction and has provided construction support services on numerous projects, including field design coordinator on a large design-build contract. Garth Nelson, PE | Project Manager – WSP USA Garth Nelson has 13 years of experience in structural engineering, including project management, structural engineering design, inspection, evaluation, repair/rehabilitation, and construction support for bridges and marine/waterfront facilities. He has been involved in the design of the Gene Coulon Memorial Bridge Replacement, City of Bellingham Wharf Street Timber Trestle Repairs, Cedar River Trestle Bridge Repairs, State Route 520 Floating Bridge, Leudinghaus Bridge Replacement, Boeing North Bridge Replacement, and the Percival Landing Major Rehabilitation – Phase 1. Vern Nielsen, PE | Civil Engineer of Record– WSP USA Vern Nielsen has 28 years of experience with civil engineering for public works and government facilities. His civil engineering expertise includes designing for roadways, bridges, parking lots, transit facilities, water mains, gravity sanitary and process sewer systems, stormwater drainage systems, vacuum sewer systems, and pressure sewer lines. Vern is experienced in optimization of site layouts, grading, and drainage design. Grace Roberts | Environmental Permitting Specialist – WSP USA Grace Roberts has 11 years of experience in field sampling, critical habitat assessments, and providing deliverables for environmental permits. Her experience includes conducting field surveys of marine and lacustrine habitat, delineating wetlands, and providing mitigation plans for various projects in the private sector. Grace specializes in conducting habitat assessments both above and underwater, as she has extensive experience conducting SCUBA surveys of fish and aquatic plants. She has a strong background in technical writing, ESA consultations, shoreline permitting, and critical area reports. Grace has performed fieldwork and provided deliverables for construction projects occurring in sensitive wetland and marine areas. Grace is a member of the WSP Engineer Dive team and the lead scientific diver for the WSP Scientific Dive team. Dan Wojtala, PLA| Landscape Architect of Record – WSP USA Dan Wojtala has over 30 years of professional experience in site master planning, trail planning, parks and recreation and urban design, and landscape architecture. He has strong leadership and design skills in managing teams and stays actively involved with projects while taking a hands-on approach during the design process. Dan has a very solid and diverse background in landscape architecture and site master planning for, campgrounds, parks, recreation and trail development, waterfront facilities, and urban streetscapes. Dan integrates these services with architecture and engineering disciplines and excels at balancing creative and functional solutions that are visually appealing, environmentally responsible, maintainable, and memorable for all. May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 5 of 18 Paul Grant, PE | Geotechnical Engineer – PanGeo Paul Grant has extensive experience in providing recommendations for the design of over 200 transportation and planning projects owned by city, county, state, or federal agencies. On a state and national level, he has participated on committees developing earthquake criteria for the design of new structures or the rehabilitation of existing facilities. He has successfully managed geotechnical studies in on-call contracts for the Washington State Department of Transportation and King County Roads Services, as well as project-specific roadway contracts for various city, county, state, and federal agencies. He has participated in various value engineering studies and constructability reviews for public sector clients resulting in construction cost savings in excess of several million dollars and understands how to minimize costs. Mike McEvilly, PLS | Surveyor – Sitts & Hill Engineers, Inc. Mike McEvilly has 22 years of experience in professional land surveying and is the survey principal for Sitts & Hill. His experience includes topographic mapping, boundary and ALTA/ACSM Land Title Surveys, and construction surveying, which enables him to suggest alternative and innovative ways in which to accomplish field surveying, calculations, or professional land surveying assignments. Mike has survey experience for a multitude of projects located in the Pierce, King, Kitsap, and Thurston County areas, including a number of projects with WSP. Drawing on his extensive experience in hands-on project work, resources, and time management, he effectively oversees scheduling, practices, and procedures of field and office Ian Scott, ISA | Certified Arborist – Davey Resource Group Ian Scott has 23 years of experience in arboriculture and is the area manager for Davey Resource Group. His experience includes specific tree assessments, tree inventories including data collecting, condition and location assessments, mapping, the preparation of a tree inventory/assessment report, and data integration with existing tree inventory. Ian has experience for municipalities with projects located in the Renton, Bellevue, Kent, Seattle, and Sammamish. One of his current projects is an on-call arborist consulting service and public property tree inventory for the City of Renton. With his background and experience, he effectively manages his projects to ensure that they meet scope, schedule, and budget. May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 6 of 18 PROJECT SCHEDULE The WSP team has laid out a preliminary schedule for the project completion that assumes an NTP will be issued by October 2022. Based on our experience, this schedule is achievable for a project of this size and scope, with the assumption that environmental permitting will take 12 to 16 months. May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 7 of 18 SCOPE OF SERVICES TASK 1: PROJECT MANAGEMENT Task 1.1: Project Management and Coordination WSP will manage and oversee team services for the project and coordination of the project team and subconsultants, including budget control, invoicing, progress documentation, tracking and overseeing current project status, and addressing unresolved issues. Invoices will be prepared in conformance with the billing rates and classifications approved in the contract. Invoices for time-and-materials work will include an attached breakdown of actual hours, identifying staff and classification by task and direct non-labor costs and other information detailed in the contract. Included on all invoices will be amount invoiced to date, period invoice, balance remaining on the invoice, and description of services invoiced. WSP will maintain project files that include test results, engineering computations, conditions, assumptions, working drawings, meeting minutes, correspondence, memos, and transmittals. Compiling the project files will be an ongoing task, commencing upon receipt of the notice to proceed, incorporating documents as they are generated, and continuing through the end of the contract term. Project files will be available for review by the City at the WSP office in Federal Way. Deliverables x Monthly billing invoices x Monthly updated schedules Task 1.2: Quality Assurance/Quality Control WSP will prepare a project-specific QA plan and will perform QC reviews of all deliverables noted in this proposal. QA/QC will be prepared and performed according to the WSP’s established QA/QC protocol. Assumptions x Subconsultants will perform QC reviews of their deliverables prior to transmitting to WSP. Deliverables x QA/QC documentation will be maintained in the WSP’s project files and will be available for review by the City. Task 1.3: Project Meetings The WSP team will meet via teleconference every other week through the design period. It is anticipated that a minimum of seven meetings will occur over 20 weeks of design (through the 90 percent submittal). City and agency review periods added to this design duration will establish the design schedule. We assume teleconferences will be approximately 1 hour in duration with attendance by City personnel via a conference call. The WSP project manager will attend each meeting, with other staff and team members in attendance as needed for the work. May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 8 of 18 Assumptions x Design phase (20 weeks) with a minimum of seven design team coordination meetings Deliverables x Meeting agendas and minutes Task 1.4: Work Product Review Meetings Key WSP team members will attend up to four meetings to receive review comments for major deliverables listed. It is anticipated that not all deliverables will require a work product review meeting; some work product reviews will be received via printed comments. Assumptions x Meetings will be held to receive review comments followings the City’s review of the 30, 60, 90, and 100 percent construction/bidding documents. All meetings are assumed to be virtual through either Zoom or Microsoft Teams included in project management. x Environmental permitting staff and the project manager will meet with the City in one project review meeting and two phone meetings to discuss project details as they relate to environmental permits. Deliverables x Comment resolution forms for comments received at each work product review meeting. All documents will be in electronic format. Task 1.5: Project Scheduling WSP will prepare an overall project design-phase schedule. The schedule will include design- phase elements, and environmental permitting elements. The schedule will be updated on a regular basis to accommodate any changes made to the project timelines. Deliverables x Monthly project schedule in PDF format and Microsoft Project as requested by the City. TASK 2: PRELIMINARY DESIGN Task 2.1: Trail and Bridge Preliminary Design WSP will visit the project site to make visual, physical, and environmental assessments of existing conditions as well as the opportunities and constraints within the corridor for proposed trail alignment options. WSP will prepare a conceptual trail design for the corridor based on these assessments. The intent will be to provide conceptual design documentation to confirm the alignment, possible alternative routes, and trail structures as required. WSP will submit the conceptual trail design to the City for review and comment. The WSP design team will meet with the City via teleconference to review the submittal, discuss revisions and design issues, and make revisions as necessary. WSP will prepare overall trail plan with alignment alternatives and 3D graphic renderings for the bridge and typical section depicting trail character for public outreach, coordination, and project promotion. May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 9 of 18 Assumptions/Exclusions/Required Information x City comments on the conceptual trail design and graphics will be limited to one round of review. Deliverables x Opportunities and Constraints map x Conceptual trail design in electronic (PDF) format x Attendance of three design team members at one 2-hour meeting with the City to review conceptual trail plan x Two 3D renderings showing bridge and trail character and one illustrative section of trail x Final overall conceptual trail plan layout in electronic (PDF) format Task 2.2 Site Survey The surveyor will review all existing documentation and utility plans for the project location, and determine the property boundaries. A site survey will be performed for a topographic mapping of the area sufficient to produce one-foot contour interval mapping. This mapping will include, limits of vegetated areas, edges of pavement and gravel sidewalks, structures, underground utilities (based on surface evidence and markings from a utility locate surface), channelization, significant trees (great than 6-inch diameter) and spot elevations. Additionally, geotechnical explorations and wetland ordinary-high-water flagging will be located. Assumptions x It is assumed that the field survey crews will be granted uninterrupted access to the site during regular working hours to complete field activities. Exclusions x Determination and depictions of easements. Deliverables x Site survey plan of the existing conditions in an AutoCAD civil 3-D drawing and PDF. Task 2.3: Geotechnical Investigation Our geotechnical engineer will research and review any existing geotechnical information for the project area, available published literature, and other sources as necessary to become familiar with local geology. A site visit will be performed to observe surface conditions and available access conditions. During the site visit, geologic conditions visible at the ground surface will be documented, and locations marked for the proposed test borings. One deep boring, approximately 30 feet in depth, will be performed at the proposed north bridge abutment, utilizing a small Bobcat track mounted drill rig with hollow stem augers. Standard Penetration tests will be performed in the boring to evaluate the integrity of the underlying soils. At the proposed south abutment, a hand auger boring will be performed due to limited access. May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 10 of 18 Based on results from the field investigation a report will be developed that will consist of site descriptions, seismic design (per IBC 2018), foundation design recommendations, and general earthwork recommendations. Assumptions x The City will provide right of entry for the field investigation. x Access for the proposed south abutment will be by crossing the creek when water levels allow. Exclusions x Evaluation of chemical properties of soil and groundwater, or the potential presence of wetlands on the site. x Evaluation of infiltration characteristics of the site soils. Deliverables x Draft geotechnical report for review by the City, and a final geotechnical report to be included with the 100 percent construction/bidding documents. Task 2.4: Tree Inventory and Arborist Report A tree inventory will be conducted after preliminary determination of the path. Once a preliminary path has been established a DRG International Society of Arboriculture (ISA) Certified Arborist will inspect and catalog all the trees considered significant or landmark by the City of Renton code RMC 4-11-200, that could be impacted along the proposed path. These results will be used to fulfill retention and land clearing regulations from the City of Renton code RMC 4-4-130 and provide benchmark condition assessment of the trees. The data collection will include: x A numbering system of all impacted significant trees and landmark trees. x Tree species. x Size and Canopy Spread. x General health and condition rating of these trees. x An assignment of tree preservation priority for retention. x Determination of Critical Root Zone and Tree Protection Zone of all existing significant trees. An arborist will record the data and place the inventoried trees into a Geographic Information System (GIS) for inclusion into a site plan. Additionally, the data and observations will also be used to prepare and arborist report to guide the maintenance and preservation of the trees. The report will provide the following information: x Location and description of all signification trees that will remain on the project site. x A map illustration of the Tree Protection Zone. May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 11 of 18 x Description of expected tree protection techniques that will be used on the project. x A suggested meeting timetable to include a pre-construction meeting and schedule for the project Arborist monitoring. x A map showing the location of the existing significant trees on the site with numbers corresponding to the tree inventory table. x An analysis of minimum tree density requirements per City of Renton methods. Assumptions x The City will provide right of entry for the tree inventory. Deliverables x Inventory tree record in GIS and Microsoft Excel format x Draft arborist report for review by the City, and a final arborist report to be included with the 100 percent construction/bidding documents. TASK 3: 30 PERCENT DESIGN The WSP team will develop construction documents to the 30 percent design stage. These 30 percent documents will be submitted to the City for Review and comment, and to assist in the permit process. Review documents will consist of drawings, specification outline, preliminary engineering construction cost estimate, preliminary project schedule, and a draft geotechnical report. Assumptions/Exclusions/Required Information x 30 percent design will be based on an approved preliminary design. x Civil design efforts will be limited to site grading for trail, with preliminary cut and fill quantities. x Temporary erosion and sedimentation control and traffic control plan are excluded. x The 30 percent design of the bridge foundations will be based on a draft geotechnical report. Depending on changes between the draft and final geotechnical report, the foundations might vary for the final design. x Bridge design is assumed to be a simple structure consisting of a concrete foundation, steel girders, and a timber handrail to facilitate with site access for construction. Deliverables 30 percent engineering design submittal in electronic (PDF) format including the following. x Updated project schedule in Microsoft Project x Draft geotechnical report x Draft arborist report x Cover sheet x Existing conditions plan x Trail layout plans x Grading plans May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 12 of 18 x Mitigation planting and landscape plans x Site details, amenities, and trail cross sections x Technical specifications outline x One cost estimate with quantities for proposed 30 percent design in electronic (PDF) format TASK 4: 60 PERCENT DESIGN DEVELOPMENT The WSP team will develop construction documents to the 60 percent design stage. The 60 percent documents will consist of plans, specifications, construction cost estimate, updated project schedule, and reports. Based on the approval of the 30 percent trail alignment preferred option, WSP will prepare and submit the 60 percent engineering package. Assumptions/Exclusions/Required Information x One set of redline review comments from the City is included in this scope for the 60 percent engineering plans. x Comments on design summary report and cost estimates will be minor and limited to one round of review. x The 60 percent design package will be the basis of the grant applications. Deliverables 60 percent engineering design submittal in electronic (PDF) format including the following. x Updated project schedule in Microsoft Project x Draft drainage report x Cover sheet x Existing conditions plan x Preliminary tree retention and land clearing plan x Temporary erosion/sediment control plan x Trail layout plans x Grading and drainage plans x Mitigation planting and landscape plans x Temporary irrigation plans x Retaining wall plan and details (if required) x Site details, amenities, and trail cross sections x Draft technical specifications x One cost estimate with quantities for proposed 60 percent design in electronic (PDF) format TASK 5: 90 PERCENT DESIGN DEVELOPMENT Based on the direction received from land use permitting, the WSP team will continue to develop the design drawings and prepare and submit the 90 percent engineering design package, and draft specifications. WSP will prepare for and participate in one 2-hour meeting with the City to discuss revisions and design issues. WSP will prepare the construction cost estimate for the 90 percent submittal and establish construction costs, sales tax, and contingencies. We will make edits to the 90 percent design and format the drawings for the City civil and grading permit submittal and review. May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 13 of 18 Assumptions/Exclusions/Required Information x If an extended time lapse (longer than six months) between the 60 and 90 percent design efforts occur, project remobilization will require additional/unanticipated effort and fee. x Technical specifications will be provided in MasterSpec format. Deliverables 90 percent engineering design submittal to City for review and comment in electronic (PDF) format including the following. x Updated project schedule in Microsoft Project x Pre-final geotechnical report x Final arborist report x Final Drainage Report x Cover sheet x Existing conditions plan x Preliminary tree retention and land clearing plan x Temporary erosion/sediment control plan x Trail layout plans x Grading and drainage plans x Mitigation planting and landscape plans x Temporary irrigation plans x Retaining wall plan and details (if required) x Site details, amenities, and trail cross sections x Project technical specifications x One cost estimate with quantities for proposed 90 percent design in electronic (PDF) format TASK 6: 100 PERCENT CONSTRUCTION/BIDDING DOCUMENTS WSP team will develop construction documents to the 100 percent design stage. The 100 percent documents will consist of plans, specifications, bid item list, construction cost estimate, and an estimated project schedule. The 100 percent documents will be sealed as appropriate for jurisdictional engineering review. Assumptions x The 100 percent sealed design documents, final and ready for bid. x There will be no revisions to the documents after submittal of 100 percent construction/bidding documents and prior to bidding. Deliverables x The 100 percent sealed design documents will be provided to the City via electronic (PDF) submittal. x The 100 percent sealed design documents in half-size paper copies; quantities sufficient for submittal to the City for building permit submittal. x Previously defined drawings in AutoCAD format, and specifications in Microsoft Word. May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 14 of 18 x Construction cost estimate. x Project schedule in Microsoft Project format. x Structural calculations. x Final geotechnical report. TASK 7: PERMITTING AND REGULATORY AGENCY APPROVAL The proposed project triggers federal, state, and local permit requirements due to ground- disturbing activities within and over the waters of the United States (WOTUS) (i.e. the adjacent wetlands and May Creek). The discharge of fill material into adjacent wetlands will trigger the need for a Clean Water Act (CWA) Section 404 permit from the U.S. Army Corps of Engineers (USACE). WSP will conduct a joint virtual pre-application meeting with the City, USACE, Washington Department of Fish and Wildlife (WDFW), and the Muckleshoot Tribe (Tribe) following the draft 30 percent design. The project likely qualifies for a Nationwide Permit (NWP) 42 for Recreational Facilities which allows for up to one-half acre of fill in wetlands for recreational activities like trails. The following table summarizes the permits that are required to complete the project. WSP will prepare draft permit documentation as noted in the table for one round of City review. Permit documentation will use appropriate forms and follow agency specific guidelines. Permit Agency Permit Documentation Schedule Section 404 Clean Water Act/Section 10 River and Harbors Act Nationwide Permit (NWP) 42 for Recreational Facilities U.S. Army Corps of Engineers (USACE) JARPA form and required drawings; Stream and Wetland Mitigation Plan 8 to 12 months Clean Water Act Section 401 Water Quality Certification – (Individual, not included under NWP 42) Washington State Department of Ecology (Ecology) 401 Certification Request (includes JARPA form and drawings); Water Quality Monitoring Plan Hydraulic Project Approval (HPA) Washington Department of Fish and Wildlife (WDFW) Online Application (information from JARPA used to complete) Endangered Species Act (ESA) – Programmatic Consultation U.S. Fish and Wildlife Services; National Oceanic and Atmospheric Association (NOAA) Biological Assessment State Environmental Protection Act (SEPA) City of Renton SEPA Checklist Shoreline Substantial Development Permit (SSDP) City of Renton SSDP application package May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 15 of 18 Permit Agency Permit Documentation Schedule Critical Areas Review City of Renton Stream Study and Wetland Assessment; Stream and Wetland Mitigation Plan; Habitat Data Report; Biological Assessment Land Use Permit and Conditional Use Permit City of Renton Land Use Permit Master Application and Conditional Use Permit Package The trail will be designed to avoid the wetlands to the greatest extent possible. This may mean routing the trail around wetlands (avoid) and crossing the wetlands at their most narrow point (minimize) to meet the requirements of the NWP 42 (i.e., allowing for up to one-half acre of fill in WOTUS). May Creek has known occurrences of Endangered Species Act (ESA)-listed fish species. The issuance of a federal permit will require compliance with ESA. The project will be designed to avoid in-water work which can yield a “No Effect” determination from USACE and thus streamline the overall permitting effort. The Biological Assessment and the Stream Study and Wetland Assessment will provide sufficient documentation for the USACE to conduct the ESA Evaluation. WSP will conduct meetings with regulatory agencies to confirm the permitting approach and to receive feedback on the mitigation approach described in the Stream and Wetland Mitigation Plan. WSP will request USACE permission to contact the Tribe directly. We assume up to four, one-hour meetings with the Tribe will be required to discuss the project and the Stream and Wetland Mitigation Plan. Meeting Minutes will be provided by WSP to the City after each meeting. Assumptions x The proposed work can be authorized by NWP 42 for Recreational Facilities. x The JARPA will include up to 10 drawings including a Vicinity Map and Project Site Map. x A Water Quality Monitoring Plan will be required as part of the individual Section 401 Water Quality Certification application package. x The new trail will be exempt from Critical Areas Review per Renton Municipal Code (RMC) 4-3-050 (C)(3)(e)(ii). The new bridge will not be exempt from Critical Areas Review. x We assume state funds will be applied to the project which triggers the Governor’s Executive Order 21-02 (E0 21-02). An EO21-02 form will be prepared for this project for review by the Washington State Department of Archaeology and Historic Preservation. We assume that the review will result in the requirement of an Inadvertent Discovery Plan to be prepared and used during construction. In the event that the review results in May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 16 of 18 the requirement for a full cultural resources study, a modification to the contract would be requested. x A Biological Assessment will be sufficient for ESA consultation, if required, for this project. x A Shoreline Variance will not be required for this project. x The preliminary project design (30 percent) will be complete before permit applications can be completed. x A USCG Bridge permit will not be required as the bridge is not located within navigable waterways that fall under USCG jurisdiction. x A SEPA Mitigated Determination of Non-Significance (MDNS) will be issued by the City of Renton. x Permit fees associated with the online HPA ($150) will be included in the task fees to streamline the application process. All other permit fees will be paid directly by the City. x WSP will meet with the City up to four times for permitting-specific requirements, one project review meeting and three phone meetings, to discuss the project details and permit requirements. All meetings will be virtual and last up to 1 hour. x WSP will attend one preapplication meeting online. The meeting will last up to 1 hour. x One WSP environmental scientist will discuss the project with the various permitting agencies for up to 21 hours total, as follows: o USACE: Up to ten half hour calls (5 hours total) o National Marine Fisheries Service (NMFS: Up to ten half hour calls (5 hours total) o WDFW: Up to two half hour calls (1 hour total) o City of Renton: Up to twelve half-hour calls, one WSP staff (6 hours total; includes discussion of SEPA, Land Use, Critical Areas, Stream Study and Wetland Assessment and Stream Study and Wetland Mitigation Plan. o Tribe: Up to eight half-hour calls, one WSP staff (4 hours total) x The City will require one round of review of the permit applications prior to submittal to the regulatory agencies. x Draft permit documents will be submitted to the City in electronic format (Microsoft Word and PDF). x Final permit documents will be submitted to the City and regulatory agencies in electronic format for the City and hard copies sent to the agencies. x The HPA permit will be submitted via the online application. x Federal funds are not used for this project. May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 17 of 18 x The USACE will allow WSP to reach out directly to the Tribe to discuss the project and mitigation plan. Deliverables x Draft and Final JARPA and JARPA Drawings x Draft and Final Stream Study and Wetland Assessment x Draft and Final Habitat Data Report x Draft and Final Stream and Wetland Mitigation Plan x Draft and Final Biological Assessment x Draft and Final Land Use Permit Master Application Form x Draft and Final SSDP application x Draft and Final Conditional Use Permit Package x Draft and Final SEPA Checklist x Draft and Final Water Quality Monitoring Plan TASK 7.1: MITIGATION USACE has established mitigation policies for Section 10/404 permits that require project proponents to avoid, minimize, and mitigate for impacts to wetlands and WOTUS. These regulations establish a process of mitigation sequencing that begins with avoiding impacts to the extent practicable, minimizing and/or rectifying unavoidable impacts, and, lastly, compensating to offset those impacts that are unavoidable. A compensatory mitigation plan would be required for the project, to document impact avoidance and minimization measures, identify the specific locations of any proposed compensatory mitigation actions, and establish the goals, objectives, and performance standards for measuring success. Mitigation will be proposed by enhancing existing wetlands and buffers onsite. The project arborist will document existing trees and provide an arborist report for the project which will inform any existing trees that will require mitigation. WSP will include within the Stream and Wetland Mitigation Plan a mitigation and monitoring planting plan for both wetlands and buffers. Assumptions x Impacted wetlands and buffers can be mitigated on-site through wetland and buffer enhancement (i.e. supplemental plantings, invasive species management, and habitat enhancement). x The Stream and Wetland Mitigation Plan will address monitoring and maintenance of onsite mitigation. May Creek Trail South Design, Permitting, and Environmental Studies City of Renton, Washington WSP USA, 202107587 August 23, 2022 Page 18 of 18 Deliverables x Draft and Final Stream and Wetland Mitigation Plan CLOSING We appreciate the opportunity to submit this proposal to the City of Renton. WSP has a 20-year history delivering successful projects for the City, and we appreciate the collaborative effort that City Parks Planning and Natural Resources brings forth. Please contact Garth Nelson at 206-431-2388 if you have questions regarding this proposal.