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HomeMy WebLinkAbout18-158 - The Watershed Company - Wetland Reconnaissance Survey for Fire Station 51City of Tukwila Agreement Number: 6200 Southcenter Boulevard, Tukwila WA 98188 18-158(d) Council Approval N/A CONTRACT FOR SERVICES Amendment No. 4 Between the City of Tukwila and The Watershed Company That portion of Contract No. 18-158 between the City of Tukwila and The Watershed Company is hereby amended as follows: Section 1 Proiect Designation. The Consultant is retained by the City to perform additional wetland investigation services for the properties identified in Exhibit "A", in connection with the project titled Tukwila Public Safety Plan, Fire Station 51 project. Section 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, 2020, 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 December 31, 2020, unless an extension of such time is granted in writing by the City. Section 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 $30,677.02 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for services related to Amendment No. 4 will be $9,749.08. All other provisions of the contract shall remain in full force and effect. Dated this day of 01/4-(A , 2019 CITY OF TUKWILA R chel Bianchi, Deputy City Administrator CA Revised December 2016 CONSULTANT Hugh Mortensen C/ 47/4. 6.--S Page 1 of 1 EXHIBIT A Fire Station 51 Project — Scope of Work The Watershed Company Reference Number: 180848 This Scope of Work covers services related to wetland mitigation on the properties located at 17951 Southcenter Parkway, Tukwila, WA 98188 (parcel numbers 3523049008 and 3523049040). Under this scope of work, we will conduct the following. Scope of Services: 1. Revisions to City Comments - Wetland "Paper Fill" and Buffer Reduction Mitigation Plan a. Review and respond to the City of Tukwila's comments on the existing mitigation plan. Includes time for communication with the City Urban Environmentalist and Land Use Planner. (Letter from the City of Tukwila, dated October 28, 2019, Correction Letter #2 to Revision #1.) b. Incorporate the City's comments into the mitigation plan set to permit -level. c. Include one revision to the plan set based on project team comments. 2. Prepare Construction Set Drawings and Specifications a. Review and amend project team's specifications for use in the final Construction Document Set. b. Update plans to construction level, coordinating with project team. c. Up to 8 hours for revisions to the 100% Construction Document Set. 3. Provide Construction Monitoring of the Mitigation Project a. One site visit during construction and follow-up punch -list memorandum. b. Coordination by phone and email with contractor and project team during construction, up to 6 hours. c. One site visit post -construction to verify completion of punch -list items. d. Provide a summary letter demonstrating plan compliance and documenting any plant substitutions or other non -critical changes. The Scope of Services (above) is based upon Project Assumptions, below. In the event that any facts or events differ from such assumptions, the Scope of Services and fees shall be adjusted accordingly. Project Assumptions: 1. Additional responses to comments/questions from the City are not included in this proposal and can be completed on a time and expense basis or under a separate proposal. 2. This proposal asssurnes The Watershed Company will be furnished electronic copies of the site plan and survey of the wetland boundaries for use as drawing base files. 3. This proposal assumes the project is vested to the 2004 City of Tukwila Critical Areas Regulations and will not need to demonstrate compliance with amended regulations expected to be adopted summer 2019. 4. This proposal does not guarantee issuance of permits. 5. This proposal does not include any permit fees; no permit submittals are included. EXHIBIT A 6. The above -described deliverables will be provided as PDF files. Hard copies can be provided but will require additional staff time costs and reproduction expenses. 7. No work outside of this contract will be undertaken without prior notification to the client. 8. This proposal includes general coordination with the project team via email and phone. Additional meetings beyond those specified are not included. 9. Coordination with state or federal regulatory agencies is not included. Coordination with agencies can be added if necessary, under a separate agreement. 10. This proposal does not include state or federal perrnitting services. 11. This proposal does not include a cost estimate, as -built or construction administration services, or performance monitoring. Tukwila FS 51 Wetland Mitigation Support Budget PHASE TASK lination and tlevrsioh550'Pia Coordination, project management, and scoping STAFF HM HOURS NAME Hugh Mortensen, PWS Senior Ecologist TITLE RATE 180.00 EXHIBIT A TOTAL 540.00 Coordination, project management, and scoping Review city comments and project file AAM AAM 2 April Mulcahy April Mulcahy Landscape Designer/Ecologist/Arbori landscape Designer/Ecologist/Arborist 95.00 95.00 285.00 190.00 Respond to city comments and coordinate with city AAM 4 April Mulcahy Landscape Designer/Ecologist/Arborist 95.00 380.00 Coordination with team AAM 4 April Mulcahy Landscape Designer/Ecologist/Arborist 95.00 380.00 Incorporate changes into draft plan set AAM 10 April Mulcahy Landscape Designer/Ecologist/Arbon 95.00 950.00 LA review and QC AMC Amber Mikluscak Champoux, PLA, GISP Senior Landscape Architect/GIS Manager $ 145.00 145,00 Final plan set AAM April Mulcahy Landscape Designer/Ecologist/Arborist 95.00 285.00 subtotal 3,155.00 Task 2 Review and amend team's specifications AMC 8 Amber Mikluscak Champoux, PLA, GISP Senior Landscape Architect/GIS Manager 145.00 1,160.00 2 Update plans to construction level AAM 16 April Mulcahy Landscape Designer/Ecologist/Arborist 95.00 1,520.00 2 Team Coordination AAM 4 April Mulcahy Landscape Designer/Ecologist/Arborist 95.00 380.00 2 LA Review, QC, Stamp AMC 2 Amber Mikluscak Champoux, PLA, GISP Senior Landscape Architect/GIS Manager S 145.00 $ 290.00 2 Project management, coordination, plan review HM Hugh Mortensen, PWS Senior Ecologist 180.00 540.00 2 100% CD revisions allowance AAM 8 April Mulcahy Landscape Des igner/Ecologist/Arborist 95.00 760.00 Task a- Gonstrdxtidn monitoring 3 Site visit during construction AAM 4 April Mulcahy Landscape Designer/Ecologist/Arborist subtotal 95.00 4,650.00 380.00 Follow-up memo to contractor AAM 2 April Mulcahy Landscape Designer/Ecologist/Arborist 95.00 190.00 Coordination with team/contractor AAM 6 April Mulcahy Landscape Designer/Ecologist/Arborist 95.00 570.00 3 Site visit after construction AAM 4 April Mulcahy Landscape Designer/Ecologist/Arborist 95.00 380.00 Summary letter to demonstrate plan compliance AAM 4 April Mulcahy Landscape Designer/Ecologist/Arborist 95.00 380.00 subtotal 1,900.00 subtotal Expanses FISH Electrofishing Equipment Fee 100.00 TRIM Trimble Geo XH - GPS Equipment Fee 190.00 PANA Panasonic FZ-G1 130.00 MILE 76 Auto Mileage 0.58 44.08 COPY Color Printing 1.00 LDMS Location Data Mapping Device $ 20.00 subtotal 44.08 TOTAL $ 9,749.08 18-158(c) Council Approval NIA Its/ of TukwilaAgreement Number: 18-158 (c) • 6200 Southcenter Boulevard, Tukwila WA 98188 Amendment No. 3 That portion of Contract No. 18-158 between the City of Tukwila and The Watershed Company is hereby amended as follows: Section 1 Proiect Desi nation., The Consultant is retained by the City to perform additional wetland investigation services for the properties identified in Exhibit "A", in connection with the project titled Tukwila Public Safety Plan, Fire Station 51 project. Section 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. Section 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 $20,927.94 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for services related to Amendment No. 3 will be $18,201.94. All other provisions of the contract shall remain in full force and effect. Dated this day of �' __ ... 2019 CITY OF TUKWILA Allan Ekberg, Mayor CONTRACTOR Printed Name:, CA Revised December 2016 Page I of I =111160 Fire Station 51 Project — Scope of Work The Watershed Company Reference Number: 180848 This Scope of Work covers services related to wetland mitigation on the properties located at 17951 Southcenter Parkway, Tukwila, WA 98188 (parcel numbers 3523049008 and 3523049040). Under this proposal, we will conduct the following work. Scope of Services: 1. Project Management and Coordination. a. Project planning meeting at SOJ b. Email and telephone correspondence c. Staff coordination 2. Wetland Delineation Study a. Conduct one site visit to the subject properties to screen and flag jurisdictional wetlands and/or streams within the property boundaries. Delineation methodology will be consistent with wetland/stream definition(s) and requirements of local, state, and federal regulators. Delineation will be aided by prior ESA delineation GIS shapefiles. b. Prepare a stream and/or wetland delineation field sketch showing the approximate location of our flagging for use by city- or contractor -supplied Professional Land Surveyor in mapping the features. c. Classify identified features according to 2004 City of Tukwila regulations. d. Prepare a letter -style delineation report that summarizes our findings and details applicable local, state and federal implications of our findings, including required buffer widths. 3. Wetland "Paper Fill" and Buffer Reduction Mitigation Plan a. Coordinate with project engineer on development layout. b. Participate in a pre -mitigation plan development phone call with City of Tukwila Planning staff and the project design team. c. Prepare permit -level (approximate 60% design) mitigation plan to compensate for paper fill impacts using wetland enhancement. Mitigation plan will also compensate for a 50% wetland buffer reduction impact through buffer enhancement. Plan set will include the following drawings: i. Existing Conditions ii. Wetland and Buffer Impacts plan iii. Wetland and Buffer Mitigation Plan iv. Site Preparation Details Plan v. Planting Plan vi. Installation Notes and Details Plan vii. Mitigation Notes, Performance Standards and Monitoring and Maintenance Plans. d. Include one revision to the plan set based on project team comments. 4. Critical Area Report CAR a. Prepare a CAR detailing how the project is complying with project -applicable, relevant code requiremenets. We understand the project is vested to the current version. of the Tukwila critical areas regulations b. Include one revision to the report based on project team comments. c. Include up to 6 hours of staff time to respond to City of Tukwila Planning comments. The Scope of Services (above) is based upon Project Assumptions, below. In the event that any facts or events differ from such assumptions, the Scope of Services and fees shall be adjusted accordingly. Project Assumptions: 1. This proposal assumes access permission for the subject properties will be obtained by the client. 2. This proposal assumes the delineation of two wetlands as located by GPS by ESA. 3. SEPA is complete or will be modified or amended as needed by others. 4. This proposal asssumes The Watershed Company will be furnished electronic copies of the site plan and survey of the wetland boundaries for use as drawing base files. 5. This proposal assumes the project is vested to the 2004 City of Tukwila Critical Areas Regulations and will not need to demonstrate compliance with amended regulations expected to be adopted summer 2019,. The City will furnish a copy of the 2004 code to The Watershed Company. 6. This proposal does not guarantee issuance of permits. 7. This proposal does not include any permit fees; no permit submittals are included. 8. The above -described deliverables will be provided as PDF files. Hard copies can be provided but will require additional staff time costs and reproduction expenses. 9. No work outside of this contract will be undertaken without prior notification to the client. 10. This proposal includes general coordination with the project team via email and phone. Additional meetings beyonhd those specified are not included. 11. Coordination with local, state or federal regulatory agencies is not included. Coordination with agencies can be added if necessary, under a separate agreement. 12. This proposal does not include a cost estimate, as -built or construction administration services, or performance monitoring. 13. This proposal does not include state or federal permitting services. 14. The drawings described in the scope of work are intended for permitting purposes only. Construction documentation design services, including detailing and specifications, are not included. 15. Comments on permit submittals related to our plans or documentation may be subjective in nature and are therefore not predictable. Responses to comments/questions or revisions to permit documents are not included in this proposal and can be completed on a time and expense basis or tinder a separate proposal. Tukwila FS 51 Wetland Mitigation Support Budget mcorrespondence, Coordination, 5/2/19 meeting 777 1 at SOJ HM 12 Hugh Mortensen, PWS Senior Ecologist 1 Project setup and invoicing CH 2 Christi Hall man Project Administrator 1 1 1 _...........................�. ........... subtotal �........a,. $ ........................�.�.�.�._ ..,.. 2,380.00 l ;1.2 Wayland D� ineabon Study 2 Site visit -del in eate and flagboundary KC 6 Katy Crandall Ecolo ist/Arborist $ 115.00 $ 690.00 2 Site visit- delineate and flag boundary AAM 6 April Mulcahy Landscape Designer/Arborist $ �..mm 88.00 $ 528 00 2 Wetland ratings KC 4 Katy Crandall Ecologist/Arborist $ 115D0 $ 460.00 2 Flagging sketch for surveyors .. ...� KC .KC 1 � Katy .�.__.. Crandall ..... Ecologist/Arborist $ 11500 $ 115.00 8.....�...a.ty Katy Crandall j Ecologist/Arborist $ 115.00 $ 920.00 2 Review & QC HM 2 Hugh Mortensen, PWS Senior Ecologist $ 180.00 $ 360.00 2 subtotal $ 3,073.00 s Nr,..,, , P a n 3 Pre -mitigation plan design phone call HM 3 Hugh Mortensen, PWS ..��.., Senior Ecologist .....................................................$.......................180..00.. ..Senior $ 180.00 '' $ m�$ 540.00 .............720.00 3_... Coordination with surveyor, engineer HM 4 Hugh Mortensen, PWS Ecologist n set drawin s� 8_ AAM 48 April Mulcahy Landscape Designer/Arborist �',$ 88.00 $ 4,22400 �. 3 Notes and Performance standards KC 2 Katy Crandall '.. Ecologist/Arborist $ 11500 $ 23000 3 .. Biologist re,v,��e.:.a..d..QC............................................................. HM 2 �.�.� Mortensen, PWS ..N...h..M... Senior Ecologist $ 180..00 $ 360.00 3 LA review and QC MF 4 Marina French, PLA Landscape Architect $ 130.00 $ 520.00 3 Revision - project team comments AAM ..�.m............��� , 8 April Mulcahy ..�.�.�.�.�.�.�.�.�...�. Landscape Designer/Arborist ....................... .. �_$ mm m m 8800 $ 704,00 ..........3..............�...... _....._..�..���_�_.�__.�.� ...� ..����_....._...... ....�.....�. subtotal $ 6,758.00 Taek 4 . CAR C __ G J� version 4 'Code review and coordination with team HM 2 Hugh Mortensen, PWS ..annWWWWW 'Vex— Senior Ecologist $ 180.00 $ 360.00 ..�.. 4 Report text ....� ....� ,.,.. ... .... AP ...........�.. Pittman PI er _.. $ 88.00 $ 2,640.00 4... Review and QC HM 2 Hugh Mortensen, g iSenior Ecologist i $ 180.00 $ 360.00 4 Revision AP 2 Alex Pittman Planner .....�_�_...�'$ 88.00 $ 176.00 4 review 1KB 6 J. Kenny Booth, AICP Senior Planner $ 180.00 $ 1,080.00 4 Revision- Planning Dept comments JKB 6 '.. 1. Kenny Booth, AICP Senior Planner $ 18000 $mmmm 1,08000 0 4 _4 47 4 subtotal $ 5,696.00 1 e - ....... mmFISH Electrofishing EquipmentFee I$ - $ 10000 $ - e TRIM Trimble Geo XH - GPS Equipment Fee $.........................................$ ................,..190.00....5................,......._,..�,._.............._........ e PANA .Panasonic FZ-Gl $ - '$ 130.00 $ - e MILE 43 Auto Mileage $ �.mm $ ... 24.94 e COPY Color Printing $ .... ..IT _ .. ...... ..$ ..W.� 100 $ I e LDMS Location Data Mapping Device $ - $- ......_...........��,_�� subtotal....$ .................................................2........_' 4.94 TOTAL $ 18,201.94 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 18-158 C b� CONTRACT FOR SERVICES Amendment No. 2 Between the City of Tukwila and The Watershed Company That portion of Contract No. 18-158 between the City of Tukwila and The Watershed Company is hereby amended as follows: Section 1 Proiect Designation. The Consultant is retained by the City to perform additional wetland investigation services for the properties identified in Exhibit "A", in connection with the project titled Tukwila Public Safety Plan. Section 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. Section 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 $2,726 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for services related to Amendment No. 2 will be $1,226. All other provisions of the contract shall remain in full force and effect. 1 Dated this I day of /i4#'-z2L CITY OF TUKWI c fat t -'s�r- CA Revised December 2016 , 2019 CONTRACTOR Printed Name: f of 4 w, s—a-CA Page 1 of 1 EXHIBIT A Matt Struttrnski From: Sent: To: Cc: Subject: Matt, cholmes@axispnd.com Thursday, February 28, 2019 12:20 PM Matt Strutynski Justine Kim FW: Delineation study We need to do an amendment for Watershed for FS51 services. They performed additional hourly work related to the wetland investigation. We were going to add this into the next amendment but the City has pursued other paths for this effort. The amendment per the value below. The total cost of this contract was w/in what Rachel can sign for so the amendment just needs her signature. I don't believe a memo is needed. Rachel is aware of the additional services provided by Watershed. Let me know if you have questions. Thank you, Carrie Original Message From: Hugh Mortensen <HMortensen@watershedco.com> Sent: Thursday, February 28, 2019 12:14 PM To: cholmes@axispnd.com Cc: Betsy Mann <BMann@watershedco.com> Subject: RE: Delineation study Carrie, The charges beyond what was in our original scope amount to $1226. Thanks, HUGH MORTENSEN, PWS President + Senior Ecologist (425) 822-5242 ext. 706 THE WATERSHED COMPANY WATERSHEDCO.COM 750 SIXTH STREET SOUTH, KIRKLAND, WA 98033 1 City of Tukwila Agreement Number: 18-158(a) 6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and The Watershed Company That portion of Contract No. 18-158 between the City of Tukwila and The Watershed Company is hereby amended as follows: 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, 2019, 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 work product required pursuant to this Agreement no later than December 31, 2019 unless an extension of such time is granted in writing by the City. The duration of the contract is now through December 31, 2019, unless modified by supplemental agreement. All other provisions of the contract shall remain in full force and effect. Dated this CITY OF TUKWILA ,14v day of De ck,ry, Allan Ekberg, Mayor „ CA Revised December 2016 , 20 lb CONTRACTOR Printed Name: '711 Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 18-158 Council Approval N/A CONSULTANT AGREEMENT FOR WETLAND RECONNAISSANCE SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and The Watershed Company hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Proiect Designation. The Consultant is retained by the City to perform a wetlands reconnaissance survey at 17951 Southcenter Parkway. 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 December 31, 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 $1,500 (including estimated expenses) without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 5.1dJ 4.767/1/4-c.s 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 reasonable attorney fees, to the extent caused by negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the 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 4. Professional Liability with limits no Tess than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not Tess than A: VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA revised : 1-2013 Page 3 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: Sam Payne The Watershed Company 750 Sixth Street South Kirkland, WA 98032 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 day of (041/9-S/ CITY OF TUKWILA CONSULTANT Rachel ianchi, Deputy City Administrator ,20 ►v . By: L ._ .� Printed Name: /Y/-( Title: teS/Avt CA revised : 1-2013 Page 5 Fire Station 51 Project — Scope of Work The Watershed Company Reference Number: 180848 September 25, 2018 This Scope of Work covers services to conduct a wetland reconnaissance study on the properties located at 17951 Southcenter Parkway, Tukwila, WA 98188 (parcel numbers 3523049008 and 3523049040). Under this proposal, we will conduct the following work. Scope of Services: 1. Conduct one site visit to the property to screen for any jurisdictional wetlands within a defined study area, near the toe of the cut slope where potential wetlands have been identified. Wetland determinations will be based on the methodology from the Corps of Engineers Wetland Delineation Manual (Manual) (U.S. Army Corps of Engineers [Corps] 1987), the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region Version 2.0 (Corps May 2010), and the definition of jurisdictional wetland in the Tukwila Municipal Code. 2. Review publically available wetland and stream information from online sources. 3. Prepare a stream and wetland reconnaissance field sketch indicating approximate size and location of any identified stream and/or wetland areas. 4. Approximate classification of identified features according to Tukwila regulations. Tukwila is undergoing a code update the will affect the rating system used to classify wetlands, likely to take effect in early 2019. Therefore, wetlands in Tukwila will be classified according to the updated rating system: 2014 Western Washington Wetland Rating System (Ecology Publication 14-06-029). 5. Prepare a summary letter that briefly describes our findings and details applicable local (Tukwila), state and federal implications of our findings, including an opinion on whether the identified features are classified as jurisdictional wetlands and required buffer widths. The above Scope of Work is based upon the below Project Assumptions. In the event that any facts or events differ from such assumptions, the Scope of Services and fees shall be adjusted accordingly. Project Assumptions: 1. This proposal assumes access permission for the subject property will be obtained by the client. 2. This proposal does not guarantee issuance of permits. 3. This proposal does not include any permit fees; no permit submittals are included. 4. The above described deliverables will be provided as PDF files and email format. 5. This proposal does not include delineation flags, survey, rating forms, critical areas study, or mitigation plan. These can be added, if necessary, under a separate agreement. 6. This proposal does not include a Professional Land Survey. 7. No work outside of this contract will be undertaken without prior notification to the client. 8. This proposal includes general coordination with you via email and phone. In -person meetings with you and/or regulatory agencies are not included. Coordination with agencies can be added if necessary, under a separate agreement. The Watershed Company has provided a full range of environmental and design services throughout Washington since 1983. If you need continued support as your project continues, other environmental services we offer include impact assessment, mitigation design, buffer averaging, environmental permitting, tree risk assessment, landscape design and construction oversight. Our Services will be billed with a not -to -exceed figure of $1,200.