HomeMy WebLinkAboutContract CAG-1z-198
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AGREEMENT FOR CITY OF RENTON MAY CREEK TRAIL
EXTENSION PROJECT
THIS AGREEMENT, dated April 24, 2018, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and Otak, Inc. ("Consultant"), an Oregon Corporation
licensed in Washington.The City and the Consultant are referred to collectively in this Agreement
as the "Parties." Once fully executed by the Parties,this Agreement is effective as of the last date
signed by both parties.
1. Scope of Work: Consultant agrees to provide design drawings and local permit support
for a pedestrian trail extension from Jones Ave NE to the existing May Creek Trail west of
Interstate 405, as specified in Exhibit A, which is attached and incorporated herein and
may hereinafter be referred to as the "Work."
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions,deletions or modifications.Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A.All Work shall be performed by no later
than November 30, 2018.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $120,300.00, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Work actually performed according to
the rate(s) or amounts specified in Exhibit A.The Consultant agrees that any hourly or
flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed,the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant's performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement.The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten(10)calendar days'notice to the Consultant in writing. In the event
of such termination or suspension,all finished or unfinished documents,data,studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City,the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
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workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City's or other's
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act,Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos,or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys' fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
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A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement.The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee.The Consultant, not the City,shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program,or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City's sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction,alteration,improvement,etc.,of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant's
liability shall be only to the extent of Consultant's negligence.
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It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant's performance of the Work.
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cros/One.aspx?portal ld=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-mv-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned,leased,hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
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limit, if there will be any use of Consultant's vehicles on the City's Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis.The City's insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City's
recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the Consultant's reasonable
control occur,the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party),and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service.Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON OTAK, INC.
Vanessa Dolbee, Current Planning Manager Nico M.Vanderhorst, PE, Principal
1055 South Grady Way 11241 Willows Road NE,Suite 200
Renton, WA 98057 Redmond, WA 98052
Phone: (425) 430-7314 Phone: (425) 822-4446
vdolbee@rentonwa.gov Nico.vanderhorst@otak.com
Fax: (425) 827-9577
PAGE 6 OF 10
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant's agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964,and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
PAGE 7OF10
Consultant employs,sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities,so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker's Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City's project manager is Vanessa
Dolbee, Current Planning Manager. In providing Work, Consultant shall coordinate
with the City's contract manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort.This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
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other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue.Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
H. Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant's performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties,and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers.All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
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IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON OTA , NC.
By: k By: 49,4(Z7viutiltreot
Denis Law Nico M.Vanderhorst, PE
Mayor Principal
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Renton City Attorney
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PAGE 10 OF 10
Exhibit A
Scope of Work
City of Renton
May Creek Trail Extension Project
Otak Project No. 32847.X00
Proposal for Professional Services
April 11, 2018
The following scope of work and cost estimate was developed by Otak,Inc. (Otak) to
provide the City of Renton (City) with design drawings and local permit support for a
pedestrian trail extension from Jones Ave. NE to the existing May Creek Trail west of
Interstate 405. The trail extension will run underneath I-405.
This scope details Otak's responsibilities for the proposed work,include preparing
engineered design drawings to 30%completion and completing the attached submittal
requirements for a Shoreline Substantial Development Permit and a Shoreline Variance for
the construction of a boardwalk within wetlands and wetland buffers.The project has an
expedited schedule in order to meet\VSDOT's Bid Document deadlines for the I-405
widening project. The May Creek Trail Extension will be constructed by WSDOT as a
component of the I-405 widening,and all work outlined in this scope must be completed no
later than June 20,2018.
Scope of Work
Task 1—Project Management
Project Management and Coordination
Otak will coordinate execution of the project,provide direction to the project team,and
conduct internal coordination meetings with staff.The project manager will monitor the
project planned budget versus actual progress and prepare a schedule to ensure delivery by
the due date. Otak will prepare and submit monthly invoices and a brief progress report to
reflect progress over the last billing period and anticipated activities over the next billing
period.
Coordination with the City and WSDOT
Coordination meetings will be held with the City to review and discuss project issues during
the preliminary engineering effort. It is anticipated that a total of two (2) coordination
meetings will be held during the design period.
Mai Creek Trai/ Extension 1
otak
Exhibit A
Scope of Work
Continued
Otak will attend one (1) meeting with\VSDOT and the City to coordinate the proposed trail
design with planned I-405 improvements.Additional communication will be conducted by
telephone and email.Telephonic communications will be documented and email records will
be preserved.
As a component of coordination with WSDOT,Otak will obtain the necessary permit to
allow for survey activities (see below) within the\t'SDOT right-of-way for I-405.
Task 2—Data Collection
Data Review and Site Visit
The Otak engineering design team will conduct a field visit at the start of the project that
includes a general review of existing field conditions and will place lathe in the field to
establish the preliminary alignment for the purposes of survey and environmental
documentation.At the City's option, the City will accompany Otak on this site visit to
provide concurrence on the preliminary alignment. Otak will document significant features
to be considered in design.
This task will also include collection of existing codes,records,maps,reports,and other
relevant information from the City and\WSDOT.
Environmental Data Background Review
Otak environmental staff will review existing environmental information and data associated
with the proposed trail alignment. This will included information and mapping data from
the City of Renton,King County,Washington State Department of Fish and Wildlife,
Washington State Department of Natural Resources,WSDOT,and any other relevant
information. Environmental data will be used to contribute to permit and regulatory
compliance support documentation.
Environmental Fieldwork: Critical Areas Reconnaissance, Tree Data, Floodplain
Characterization
Otak biologist,arborists,and engineers will conduct a field visit to observe and evaluate
existing conditions on the site. Specifically,critical area reconnaissance—including wetlands
and any streams occurring on the site—will be conducted to verify previous delineations and
characterization conducted by WSDOT. Wetland edges and stream ordinary high water
marks (OHWM) will be confirmed during the site visit fieldwork,based on WSDOT work
previously conducted. Habitat conservation areas (HCAs) that may occur on the subject
property will also be verified and evaluated based on WSDOT work previously conducted.
Potential impacts associated with clearing and grading activities will be evaluated and
characterized according to the presence of wetlands,streams,and HCAs on the subject
May Creek Trail Extension 2
otak
Exhibit A
Scope of Work
Continued
property. An Otak certified arborist will evaluate the health,condition,and character of the
trees within the proposed trail alignment. An Otak engineer will evaluate existing floodplain
conditions to provide for potential project-related impacts.
As part of a preliminary qualitative assessment,Otak staff will collect samples (assume 4
locations) of soil within 2 to 3 feet of the ground surface along the trail alignment using a
hand auger to evaluate the existence of clean,coarse-grain soil suitable as Low Impact
Development(LID) best management practice (BMP) for infiltration of stormwater. If the
soil appears suitable,representative samples will be sent to a geotechnical laboratory for
grain size evaluation.
Assumptions:
• A total of four field-person days (e.g. four people at one day apiece)is assumed for this
task. If an additional site visit is required for any reason,Otak will prepare a scope
amendment for the specific effort.
• The proposed trail alignment will be marked at its centerline by flagged lath or other
easily visible markers.
• Wetland and stream characterization verifications will be conducted out to 100 feet,
measured laterally, from the proposed trail centerline.
• Geologically hazardous areas will not be characterized as a component of this task.
o Should evaluation of geologically hazardous areas and/or other
geotechnological assessments be required,a separate scope and fee estimate
may be prepared for the project.
• Coal mine hazards do not occur in the project area.
• Wellhead protection areas do not occur in the project area.
Topographic Survey and Basemapping
Otak will notify utilities of the project and obtain utility as-built drawings,retain a utility-
locating service to field-locate underground utilities,survey and map existing utilities within
the project limits from field locates,visible above ground appurtenances,and utility as-built
drawings.
Otak will establish horizontal and vertical control,survey existing monumentation and
establish and map existing right-of-way lines from WSDOT Right of Way Maps and deeds
of record(provided by the City),King County Tax Assessor's maps and other record
information to include on the base map. Otak will base this topographic survey horizontally
on the Washington State Plane,North Zone,NAD83(2011)(EPOCH 2010) and vertically on
the North American Vertical Datum of 1988. Existing controlling monumentations will be
Maj Creek Trail Extension • 3
otak
Exhibit A
Scope of Work
Continued
used to establish existing right-of-way lines.Adjoining parcel lines will be shown based on
King County GIS information. No boundary determination will be performed,as all work is
anticipated to occur on City-owned property or\\'SDOT right-of-way. Field work and
mapping will be done to\VSDOT standards.
Otak will locate existing surface features,including but not limited to topography breaks,
pavement and other hardscapc,trees over six inches in diameter,utilities,wetland and
stream delineation flagging,invert elevations and pipe dimensions.Survey of storm drainage
facilities will extend at least one structure upstream and downstream beyond the project
limits.A base map will be prepared showing existing planimetric features with contour lines
at two-foot intervals,compiled at a scale of 1 inch equals 20 feet.
Survey limits will extend approximately 100 feet either side from the conceptual trail
alignment,totaling approximately 3.2 acres.Additionally,the ordinary high water mark of
the stream and wetland boundaries will be mapped within 150 feet of the trail alignment.
The survey will include the area below 1-405,the toe of slope,and ground shots sufficient to
depict the slope angle.The edge of bridge and superstructure will be shot from below using
reflectorless technology.The area between traffic barriers is excluded from the survey limits.
Deliverable:
• Basemap, 1" = 20'scale
Assumptions:
• The City will provide the existing information and requirements relevant to the project
as available,including current GIS data,as-built drawings,other City projects in the
vicinity including existing survey files in AutoCAD format,and information on City-
owned utilities.
• The City of Renton will provide the applicable deeds of record for the proposed project.
• \VSDOT will provide I-405 plans in the current state of design.
• Otak will provide utility locate services,or will subcontract this service to a qualified
professional. Said subcontract fees are included in this scope and fee estimate.
• Field survey and other field work will be limited to areas that do not require traffic
control or traffic control permits through\VSDOT.
Task 3—Preliminary Design
Develop Design Criteria
Otak will determine applicable design criteria for the proposed trail section and alignment,
consulting previous work on the May Creek trail,City of Renton design standards,\VSDOT
design standards,and other pertinent sources,and document for use in design activities.
Ala; Creek Trail Extension 4
otak
Exhibit A
Scope of Work
Continued
Preliminary Layout
Otak will prepare a conceptual alignment plan for the proposed trail segment for use in
developing the design and environmental documentation figures.The conceptual alignment
plan will consider planned I-405 improvements and potential environmental constraints.The
preliminary alignment plan will be prepared as a scroll plot at a scale of 1"=40 feet and
provided to the City and WSDOT for comment.
Preliminary Layout--Drainage
The preliminary design will include the analysis and design of the stormwater management
facilities and best management practices (BMPs) required for the trail based on the 2017 City
of Renton Surface Water Design Manual (RS\VDM). The proposed trail will be categorized
as new impervious surface according to the definition in the RS\VDM. It will be non-
pollution generating impervious surface because it will not be subject to vehicular use.
The Technical Information Report will contain the ten sections described in the RS\VDM
and address how the project will meet all 9 core requirements and 6 special requirements.
Based on the materials and dimensions of the proposed trail, the project will not require
flow control nor water quality facilities. However, the project will need to consider on-site
BMPs to the maximum extent feasible.The feasibility of various BMPS will consider site
soils (collected in Task 2).
Assumptions:
• The trail will be approximately 700-900 linear feet.
• Geotechnical explorations will not be included in this phase of work. Should
geotechnical explorations be required,Otak will prepare an addendum scope and fee
estimate at the City's request.
• Flow control facilities will not be required for the trail, based on length and width of the
trail proposed
• Boardwalk design is not assumed to be required for the project. Should boardwalk
design be required,Otak will prepare an addendum scope and fee estimate at the City's
request.
Deliverables
• Preliminary Alignment Plan (Scale 1"=40') in scroll plot form
• Technical Information Report
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Exhibit A
Scope of Work
Continued
Develop Design and Prepare 30% Plans, Cost Estimate
Otak will develop the design to a 30%level for delivery to\VSDOT.The plans will be
prepared consistent with the\V'SDOT Plans Preparation Manual and the Standard
Specifications,2018 edition.
As part of 30%design,Otak will prepare the following plans:
• Cover Sheet
• Existing Conditions Plan (including right of way and approximate parcel lines)
• TESC Plan (without details and notes)
• Trail Horizontal Alignment Control Plan
• Trail Plan(with approximately grading limits and quantities)
• Trail Vertical Profile
• Trail Typical Sections
• Site Furnishings Details
Tree inventory and mitigation plans are covered under Task 4.
The site will be assessed for compliance with the 2016 King County Surface\Vater Design
Manual with City of Renton Amendments,as applicable to identifying conceptual surface
water management design elements for use in the 30% cost estimate.
A 30%engineering estimate of anticipated construction costs will be prepared using
historical unit prices from similar projects,other current cost data,and cost data from
\VSDOT's unit bid analysis database.The estimate will include appropriate contingencies
based on the level of design.
Prepare Delivery Memorandum
A brief memorandum will be prepared to transfer the design at the 30%level to\VSDOT.
The memorandum will include design criteria,discussion of design decisions,assumptions
and calculations made with respect to drainage in support future design and preparation of a
drainage report,assumptions made with respect to structural design,and 30%plans and cost
estimate.
City Review and Response
Otak will provide all design components for Task 3 for City review,and respond to
comments and concerns from the City. One (1) meeting with the City for said review and
response is assumed in this subtask.
Task 4—Permitting and Support Documentation
Environmental Documentation
Based on the information derived from Tasks 1 and 2,Otak staff will prepare materials for
submittal for a Shoreline Substantial Development Permit and a request for a Shoreline
May Creek Trail Extension 6
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Exhibit A
Scope of Work
Continued
Variance,if required. This task will involve preparation and submittals of the Deliverables,
indicated below,as well as review of existing environmental baseline documentation to
support the task.
Documents will be provided in pdf format for City use.
Wetland (Critical Areas) Data Sheets and Rating Forms
Otak will review fieldwork and documentation previously prepared by WSDOT,in order to
verify wetlands associated with the proposed trail alignment and relevant wetland ratings and
categorization.
Tree Worksheets
Otak will provide a complete City of Renton Tree Retention Worksheet.
Land Use Permit Master Application form
Otak will prepare a Land Use Permit Master Application per the City of Renton
requirements. Support documentation and data for the Land Use Permit Master Application
is included in Tasks 3 and 4. Should it be necessary, Otak will prepare and submit a variance
request for the proposed trail project,in order to allow for the project to achieve regulatory
compliance subject to relief from certain land use regulations in the RMC. Support
documentation and data for the variance request is included in Tasks 3 and 4.
Environmental Checklist (SEPA compliance)
Otak will prepare an Environmental Checklist,per City of Renton requirements for SEPA
compliance.
Critical Areas Review
Otak will prepare a Critical Areas review that contains the following elements as
components of the overall compliance with the City of Renton Municipal Code (RMC).
Wetland Assessment Review
Otak will review previously prepared wetland documentation from WSDOT,pursuant to
RMC 4-8-120D23a through j. The wetland assessment report will contain characterizations
of wetland hydrology,soils,and plant communities,as well as categorization of the wetlands
per RMC submittal requirements. Buffers for the wetlands will be determined based on land
use intensity and habitat functions/values according to RMC requirements.
Stream or Lake Study Review
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Exhibit A
Scope of Work
Continued
Otak will review previously prepared stream characterization and typing documentation from
WSDOT,pursuant to RMC 4-8-120,assuming that the project site is adjacent to May Creek
and the project will entail either alterations of the water body or its associated buffer.
Habitat/Wildlife Assessment and Habitat Data Review
Otak will review previously prepared habitat/wildlife assessments and habitat data reports
from WSDOT, for activities that are located within or abutting a critical habitat defined in
RMC 4-11-030.
Wetland and Stream Mitigation Plan
Otak will prepare a wetland and stream mitigation plan,per RMC 4-8-120D.23. The
wetland and stream mitigation plan will be developed in conjunction with and support of the
mitigation planting plan (sec below).
Biological Assessment
Otak will prepare a Biological Assessment (BA),per City of Renton requirements for
prescribed activities occurring within a mapped floodplain/special flood hazard area. The
BA will address existing environmental baseline conditions,presence of and designated
critical habitat(DCH) for federally listed species under the Endangered Species Act,and
potential project impacts and effects determinations to listed species and DCH associated
with the project,as well as conservation/mitigation measures that may be relevant to the
proposed work.
Arborist Report
Otak will provide a complete arborist report.The arborist report will be completed by a
certified arborist that is tree risk assessment qualified.
Mitigation Planting Plan
Otak will provide complete mitigation planting plan and details to address all critical areas
impacts. The mitigation planting plan will include a complete temporary irrigation plan and
details for the mitigation planting areas,and will be used in support of the wetland and
stream mitigation plan (see above).
Tree Retention/Land Clearing Plan
Otak will provide a complete tree retention/land clearing plan which clearly shows tree
removals,tree retention and limits of land disturbance. Land disturbance will be assessed and
quantified as a component of the plan.
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Exhibit A
Scope of Work
Continued
Assumptions:
• All other requirements for the Shoreline Substantial Development Permit and Shoreline
Variance will be prepared under different tasks in this scope,unless waived by the City.
• The project is assumed to require a Type 3 Land Use Application,per City of Renton
requirements.
• Right-of-way acquisition will not be required as a component of this scope.
• Regulatory compliance/permitting will not be conducted at the state or federal level as
part of this scope.
Deliverables:
• Land Use Permit Master Application form
o Shoreline Substantial Development Permit Application,if required
o Shoreline Variance
• Environmental Checklist(SEPA compliance)
• Critical Areas Review/Verification (see components below)
o Wetland assessment,rating,category verification
o Stream study verification
o Habitat/Wildlife Assessment and Habitat Data Report verification
• Wetland and Stream Mitigation Plan
• Biological Assessment
• Tree Retention/Land Clearing Plan
• Tree Worksheets
• Arborist Report
• Mitigation Planting Plan
• Tree Retention/Land Clearing Plan
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Exhibit A
Scope of Work
Continued
Schedule and Fees
Our proposed fee summary is as follows:
Task 1—Project Management $8,800
Task 2— Data Collection $18,000
Task 3— Preliminary Design $47,000
Task 4—Permitting and Support Documentation $43,000
Direct Expenses/Subconsultant $3,500
Proposed Fee Total $120,300
Otak proposes to complete the above Scope of Work for a time and materials amount of
$120,300.00. In-house reimbursable expenses and any outsourced direct expenses (e.g.,
postage/deliveries,mileage,etc.)will be invoiced at cost plus 10%.This is a not-to-exceed
time and materials task order under Otak's City of Renton Professional Services Contract to
provide environmental services related to fisheries,wetlands,water quality,and critical areas.
\Ve will not exceed this budget without prior approval from the City of Renton. If
conditions are found to be different from those described above,Otak will notify the City of
Renton immediately to discuss any impacts to the scope of work and budget.
We appreciate the opportunity to work with you. If you have any questions regarding this
proposal or need additional information,please feel free to contact Kevin O'Brien at(253)
880-4867.
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