HomeMy WebLinkAbout17-183 - Skinner Planning and Environmental Solutions - Environmental Review for Prologics Emerald Gateway ProjectCity of Tukwila Agreement Number: 17-183(a)
•6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A
W,
.etween the City of Tukwila and Lloyd Skinner of Skinner Planning and
Environmental Solutions
That portion of Contract No. 17-183 between the City of Tukwila and Lloyd Skinner is
hereby amended as follows -
Section 2. Scope of Services. Amended asshown in attached Exhibit A-1 - Revised
Scope of or
Section 3. Duration of Agreement. Amended as follows:
- Agreement shall remain in force until September 30, 2019 (not December 31,
2018)
- All work product shall be completed no later than September 30, 2019 (not
September 30, 2018)
Section 4. Payment. Subsection 4A is amended to include a not -to -exceed amount of
$32,000 (not $25,000)
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Allan Ekberg, Mayor
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Wtsty`O'Fla,h6rty, MMC, City Clerk
PrintedName: Lloyd Skinner
Office of the City Attorney
CA Revised December 2016 Page 1 of 1
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Prepared for the City of Tukwila Department of
Community Development
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11'roject Objective: To coordinate environmental review of Prologis Emerald Gateway proposal
in support of a SEPA Determination to be made by the City of Tukwila on the proposal.
Task 1: Coordination between Tukwila and Seattle review teams on scope of environmental
review
Consultant will provide coordination between Tukwila and Seattle teams during environmental
review of the Prologis proposal. This task includes review of Prologis proposal, and support for
Tukwila and Seattle in determining scope of environmental review and guidance to the Prologis
team on analysis needed for completion of draft SEPA Environmental Checklist, potentially
including elements of the environment, level of detail, and analysis methodology.
Assumptions: The City of Tukwila will be the lead agency for SEPA purposes. Seattle will be a
cooperating agency, and coordination with Seattle will improve communications between the
two agencies. A level of effort of -24 32 hours is assumed for this initial task.
Task 2: Review of Draft SEPA Environmental Checklist
Consultant will review Draft SEPA Environmental Checklist. Consultant will coordinate
Tukwila and Seattle reviews of the document, establishing internal review schedule milestones
and coordinating an internal review meeting if necessary. Consultant will consolidate review
comments for applicant.
Assumptions: Draft SEPA Checklist will include expanded sections (tech memos) for elements
of the environment identified for the applicant during Task 1. Comments from internal reviewers
will be received within three weeks from receipt of the document. A level of effort of 40 hours is
assumed for this task.
Task 3: Review of Revised Draft SEPA Environmental Checklist
Consultant will coordinate review of Revised SEPA Checklist by Tukwila and Seattle teams,
including an internal team meeting if necessary.
Assumptions: Review comments will be consolidated prior to preparation of Final SEPA
Environmental Checklist, to be prepared by Tukwila (Task 4). Review comment turnaround for
Revised SEPA Checklist assumed to be two weeks from receipt of document. Consultant level of
effort for Task 3 is assumed to be 24 hours.
Task 4: Final SEPA Environmental Checklist
Consultant will prepare Final SEPA Checklist, incorporating review comments from Tukwila
and Seattle from Task 3. Final SEPA Checklist will be available for review by Tukwila and
Seattle teams and then finalized. A review meeting prior to finalizing the checklist will be held
with the review teams if necessary.
Assumptions: Review comment turnaround assumed to be ten days from receipt of document.
Consultant level of effort assumed to be 24 hours.
Task 5: SEPA Threshold Determination
Consultant will prepare draft SEPA Threshold Determination for Tukwila SEPA Official.
Consultant will coordinate review by Tukwila and Seattle teams, incorporate review comments
as appropriate, and prepare final Threshold Determination for issuance by Tukwila SEPA
Official.
Assumptions: Review comment turnaround assumed to be ten days from receipt of document.
Level of effort assumed to be 20 hours.
Task 6: Support during Public Review
Consultant will prepare for and attend one public meeting, if held, as part of this task. Consultant
will monitor review comments from interested oarties. including King County International
Airport (Boeing Field). King County. and The Boeing Comoanv. and revise draft documents to
respond to comments. in coordination with and at the direction of Tukwila staff. Consultant will
participate in UD to 5 additional meetings associated review.
Assumptions: Additional support for public outreach and communications will be provided as
budget allows. Public notifications and public meeting coordination assumed to be by others.
Level of Effort: -9 40 hours
Contract amonnt not to exceed $,
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 17-183
Contract Approval NIA
CONSULTANT AGREEMENT FOR
ENVIRONMENTAL REVIEW SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Lloyd Skinner of Skinner Planning and Environmental Solutions,
hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform environmental
review services in connection with the project titled Prologis Emerald Gateway.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2018, unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement
shall commence upon written notice by the City to the Consultant to proceed. The
Consultant shall perform all services and provide all work product required pursuant to this
Agreement no later than September 30, 2018 unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"A" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $25,000.00 without express written mSe09Lloyd Skinner for
Prologisodification of the Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
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5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's
liability hereunder shall be only to the extent of the Consultant's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised : 1-2013
Page 2
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to
do so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in
any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The
provisions of this Agreement, which by their sense and context are reasonably intended to
survive the completion, expiration or cancellation of this Agreement, shall survive termination
of this Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Lloyd Skinner
Skinner Planning and Environmental Solutions
3564 NE 166th St.
Lake Forest Park, WA 98155
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised : 1-2013
Page 4
DATED this 1 1 day of October, 2017.
CITY OF TUK
BY:
Printed Name:
Title: Mayor
Attest/Authenticated:
City Clerk, Christy 0' laherty
CA revised : 1-2013
CONSULTANT
By:
Printed Name: Lloyd Skinner
Title: Principal
Approved as to Form:
Office of the City Attorney
Page 5
EXHIBIT A
Scope of Work
Prologis SEPA Review and Coordination
Prepared for the City of Tukwila Department of
Community Development
Skinner Planning and Environmental Solutions
August 22, 2017
Project Objective: To coordinate environmental review of Prologis Emerald Gateway proposal
in support of a SEPA Determination to be made by the City of Tukwila on the proposal.
Task 1: Coordination between Tukwila and Seattle review teams on scope of environmental
review
Consultant will provide coordination between Tukwila and Seattle teams during environmental
review of the Prologis proposal. This task includes review of Prologis proposal, and support for
Tukwila and Seattle in determining scope of environmental review and guidance to the Prologis
team on analysis needed for completion of draft SEPA Environmental Checklist, potentially
including elements of the environment, level of detail, and analysis methodology.
Assumptions: The City of Tukwila will be the lead agency for SEPA purposes. Seattle will be a
cooperating agency, and coordination with Seattle will improve communications between the
two agencies. A level of effort of 24 hours is assumed for this initial task.
Task 2: Review of Draft SEPA Environmental Checklist
Consultant will review Draft SEPA Environmental Checklist. Consultant will coordinate
Tukwila and Seattle reviews of the document, establishing internal review schedule milestones
and coordinating an internal review meeting if necessary. Consultant will consolidate review
comments for applicant.
Assumptions: Draft SEPA Checklist will include expanded sections (tech memos) for elements
of the environment identified for the applicant during Task 1. Comments from internal reviewers
will be received within three weeks from receipt of the document. A level of effort of 40 hours is
assumed for this task.
Task 3: Review of Revised Draft SEPA Environmental Checklist
Consultant will coordinate review of Revised SEPA Checklist by Tukwila and Seattle teams,
including an internal team meeting if necessary.
Assumptions: Review comments will be consolidated prior to preparation of Final SEPA
Environmental Checklist, to be prepared by Tukwila (Task 4). Review comment turnaround for
Revised SEPA Checklist assumed to be two weeks from receipt of document. Consultant level of
effort for Task 3 is assumed to be 24 hours.
Task 4: Final SEPA Environmental Checklist
Consultant will prepare Final SEPA Checklist, incorporating review comments from Tukwila
and Seattle from Task 3. Final SEPA Checklist will be available for review by Tukwila and
Seattle teams and then finalized. A review meeting prior to finalizing the checklist will be held
with the review teams if necessary.
Assumptions: Review comment turnaround assumed to be ten days from receipt of document.
Consultant level of effort assumed to be 24 hours.
Task 5: SEPA Threshold Determination
Consultant will prepare draft SEPA Threshold Determination for Tukwila SEPA Official.
Consultant will coordinate review by Tukwila and Seattle teams, incorporate review comments
as appropriate, and prepare final Threshold Determination for issuance by Tukwila SEPA
Official.
Assumptions: Review comment turnaround assumed to be ten days from receipt of document.
Level of effort assumed to be 20 hours.
Task 6: Support during Public Review
Consultant will prepare for and attend one public meeting, if held, as part of this task.
Assumptions: Additional support for public outreach and communications will be provided as
budget allows. Public notifications and public meeting coordination assumed to be by others.
Level of Effort: 8 hours
Total Level of Effort: 140 Hours
Total Estimated Cost: (140 hrs) x ($175/hr) = $24,500. Contract limit will be $25,000.
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