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Home My WebLink About22-136 - The Watershed Company - On-call Services: Environmental ConsultingCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 22-136(a) Council Approval N/A CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and The Watershed Company That portion of Contract No. 22-136 between the City of Tukwila and The Watershed Company is hereby amended as follows: Section 2. Compensation and Method of Payment: The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $39,500. •This is an increase of $19,500 from the initial contracted amount. Section 4. Duration of Agreement: This Agreement shall be in full force and effect for a period commencing on the latest date the Agreement is fully executed, and ending December 31, 2024, unless sooner terminated under the provisions hereinafter specified. •This is an extension of one year from the initial contracted term. Exhibit B • Updated to reflect rates starting on January 1, 2024. All other provisions of the contract shall remain in full force and effect. Dated this 18th day of December, 2023. CA Reviewed May 2020 Page 1 of 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 DS CITY OF TUKWILA DocuSigned by: C 1 F89FE09132B402 Allan Ekberg, Mayor 12/18/2023 1 10:37 AM PST ATTEST/AUTHENTICATED: DocuSigned by: L ViSf y 01-1F6lA,t,v 88678483CB594E7... Christy O'Flaherty, City Clerk APPROVED AS TO FORM: [DocuSigned by: GAL ZaAVCI 5E499CA4165E452... Office of the City Attorney CA Reviewed May 2020 Agreement Number: 22-136(a) Council Approval N/A CONTRACTOR: ,-DocuSigned by: By: 114hvtt, &sus, 1-F2D4-9841 Printed Name: Hugh Mortensen Title: Executive Vice President Page 2 of 2 Hourly Rates Effective January 2024* Dan Nickel, MSc Director of Planning $250 Hugh Mortensen, PWS Director of Natural Resources $250 J. Kenny Booth, AICP Director of Current Planning $250 Al Wald, LHg Hydrogeologist $215 Amber Mikluscak, PLA, GISP, MLA Director of Landscape Architecture $198 Nell Lund, PWS Senior Ecologist $197 Ryan Kahlo, PWS Senior Ecologist $197 Greg Johnston, EIT, CFP, MSc Senior Fisheries Biologist $190 Colin Macdonald Restoration Biologist $185 Kimberly Frappier, MSc Senior Urban Forester/Environmental Planner $182 Katy Crandall, PWS Ecologist/Arborist $180 Marina French, PLA, MLA Senior Landscape Architect $178 Peter Heltzel, MSc, CFP Fisheries Biologist $175 Matt Covert Senior Planner $174 Deb Powers Senior Arborist/Urban Forester $174 James Carlson, PLA Senior Landscape Architect $172 Chuck McDowell, PLA Landscape Architect $172 Clover Mcingalls, PWS Environmental Planner $171 Alex Capron, AICP Senior Planner/GIS Specialist $170 Sam Payne, PWS Ecologist/Arborist $163 Kyle Braun, PLA Landscape Architect/Arborist $158 Dawn Spilsbury GIS Analyst/FAA Licensed Drone Pilot $152 April Mulcahy Ecological Designer/Arborist $152 Roen Hohlfeld, MLA Ecologist/Arborist/Landscape Designer $151 Allison Martin Ecologist $150 Devin Melville Environmental Planner $146 Alex Plumb Environmental Planner $142 Laura Jones Environmental Planner $140 Ian Garnier Landscape Designer $139 Lars Freeman -Wood Arborist $138 Amanda Sanelli, PLA, MLA Landscape Architect $136 Nathan Burroughs, MSc GIS Analyst $136 Grace Brennan Ecologist $134 Alexis Ochoa Arborist $134 Evan Earhart Arborist $132 Brent Rutley Ecologist $130 Sage Yuasa Ecologist $130 Angela Mele Interpretive Planner/Facilitator $130 Anna Murphy Ecologist $130 Kim Miller Desktop Publisher $124 Hui Cao Landscape Designer $122 Project Coordinator Project Coordinator $120 Fern Huynh Landscape Designer $118 Hilary Hahn Assistant Planner/Ecologist $100 Acronym Key: CFP = Certified Fisheries Professional as certified by the American Fisheries Society EIT = Engineer In Training LG = Licensed Geologist LHg = Licensed Hydrogeologist GIS = Geographic Information System PWS = Professional Wetland Scientist as certified by the Society of Wetland Scientists PLA = State of Washington Professional Landscape Architect AICP = American Institute of Certified Planners MSc = Master of Science degree MLA = Master of Landscape Architecture G1SP = GIS Professional *Rates for 2024 only; escalator clause for cost of living may apply in future years Direct Costs Auto Mileage Maximum standard rate allowable by IRS Reproduction: Plotting Rate er SF Black & White Printing Rate per Page B&W Bond $1.05 Color Bond $1.18 B&W Glossy $12.18 Color Glossy $13.76 8 1/2 x 11 $0.10 11 x 17 $0.20 12 x 18 $0.30 Color Printing Rate per Page 8 1/2 x 11 $1.00 11 x 17 $2.00 12 x 18 $2.50 Outside Reproduction At cost Electrofishing Equipment Fee $100.00/day Trimble DA2 - GPS Equipment Fee $50.00/day Drone $200.00/day Field Tablet $20.00/day Solomat Water Quality Testing Equipment Fee $50.00/day YSI Salinity pH Meter $50.00/day Expert testimony Expert testimony is billed at 1.5 times standard hourly rates Lodging and per diem Reimbursement will be at a rate not to exceed the WA State OFM per diem rate for location services are provided. Out -of -State locations will be reimbursed at the current GSA rate for location services are provided. Other Direct Costs At Cost City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 22-136 Council Approval N/A This Agreement is entered into by and between the City of Tukwila, optional municipal code city hereinafter referred to as "the City," and referred to as "the Contractor," whose principal office 6th St South, Kirkland, WA 98033. ashington, a non -charter hereinafter is located at /aQ 1'" lII�..I WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to havethe Contractor perform such services pursuan to certain terms and conditions; now, therefore, IN CONSIDERATION OF thelmutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. 0 0 1' . The Contractor shall perform on-call services ("Services") as further described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. The City shall provide written approval of all Services prior to being performed. In performing such Services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed ' I 3. Contractor Budaet. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencingla - • h- A r n 1 f 11 , and ending D - • -r 1 212 luniess sooner terminated under the provisions hereinafter specified. 5. jndependent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification,. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or CA :Revised October 2022. Page I of 4 + Appendices suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractors 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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 Liabilit insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and S2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractors Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement OG 20 10 10 01 and Additional Insured -Completed Operations endorsement OG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3 Workers' Compensation coverage as required by the Industrial Insurance laws of the Stateof Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractors 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 Contractor's insurance and shall not contribute with CA Revised October 2022 Page 2 of 4 + Appendices it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage. Contractor 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 Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Terminatiog. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibitect. 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, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. CA :Revised October 2022. Page 3 of 4 .+ Appendices 13 This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effectlunless it is in writing and signed by the parties. 14. .11 • . 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. 15. JotIces. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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 attomey's fees and costs of suit. DATED this 24th day of October , 2022 CITY OF TUKWILA CONTRACTOR Nora Gierloff, Director of Community Development APPROVED AS TO FORM: eSiglled yia Seamless[1066.6610 cy4-iit, Le. 6'aild y• 13,66 0 6-116,11 3- 6,11-000 1,11 Office of the City Attorney CA Revised. October 2022. By: 49 Wol.twte,ft, Prin ed Name and Title: Hugh Mortensen, President Address: 750 6th St South, Kirkland, 9 0 Page 4 of 4 .+ Appendices EXHIBIT A SCOPE OF SERVICES The Consultant shall provide services to the City of Tukwila on an as -needed basis to perform services related to reporting on and assessment of environmentally critical areas (ECA's), including but not limited to, peer review of ECA services performed by third parties. The City shall authorize in writing the specifications and the scope of review to be completed by the Consultant. The Consultant will provide a cost estimate or bid based on that scope. The Consultant shall may perform tasks including, but not limited to, these subjects: • Critical area studies on a parcel(s) basis for development proposals (single or clustered), including mitigation, maintenance, and monitoring plans 0 general review of project impacts for ECA code compliance per TMC, WAC and RCW • Wetland delineations, classification, and rating • Watercourse delineation and typing • Arborist reports • Geohydrologic and fluvial geomorphologic studies Additionally, the Consultant may perform additional tasks, or may subcontract tasks including, but not limited to, these subjects: • Geotechnical reports • Technical information reports (TIR per KC Surface Water Manual) • Riverbank analyses • Geohydrologic and fluvial geomorphologic studies/modeling • Phase 1 and 11 site analysis (MTCA) Services and deliverables may include, but are not limited to: • Site analysis • Development plans review • Reporting • Verifying the correctness or adequacy of work similar to that described above that has been prepared by a consultant hired by a permit applicant i.e., perform "Third Party" review. • Representing the City at hearings related to review of a proposal, if needed. • Assisting the City in reviewing projects with impacts ECA's and associated buffers under the State Environmental Policy Act (SEPA), EIS, etc. • Assisting the City in determining costs associated with proposed rehabilitation, enhancement, or mitigation work. • Assisting the City in interpreting and implementing ECA regulations, as necessary. • Coordinating with staff, and other Qualified Professionals re ECA compliance. ATERSHED EXHIBIT B 11011r1V Kates Effecuye January Dan Nickel. MSc i Environmental Engineer $220.22 Hugh Mortensen, PWS Senior Ecologist $220.22 J. Kenny Booth, AICP Senior Planner $220.22 Al Wald, LHg Hydrogeologist $205.20 Amber Mikluscak, PLA, GISP, MLA Senior Landscape Architect/GIS Manager $194.40 Greg Johnston. E1T, CFP, MSc Senior Fisheries Biologist $183.60 Nell Lund, PWS Senior Ecologist $183.60 Ryan Kahlo, PWS Senior Ecologist $183.60 Mark Daniel, AICP Senior Planner/GIS Specialist $183.60 Marina French, PLA, MLA Senior Landscape Architect $175.12 Kimberly Frappier, MSc Environmental Planner $167.40 Colin Macdonald Restoration Biologist $167.40 Clover Mclngalls, PWS Environmental Planner $162.00 Peter Heltzel. MSc, CFP Fisheries Biologist $162.00 Heather Rogers, LG, MSc, WIliT Planner/Geomorphologist $ 162.00 Katy Crandall, PWS Ecologist/Arborist $162.00 Leila Willoughby -Oakes Associate Planner $150.18 Kyle Braun, PLA Landscape Architect/Arborist $155.27 Alex Capron, AICP Planner/GIS Specialist $151.20 April Mulcahy Ecological Designer/Arborist $150.13 Roen Hohlfeld, MLA Ecologist/Arborist/Landscape Designer $145.80 Dawn Spilsbury G1S Analyst/FAA Licensed Drone Pilot $140.40 Sam Payne, PWS Ecologist/Arborist $140.40 Alex Plumb Environmental Planner $125.00 Drew Foster Arborist $135.38 Amanda Fleischman, MLA Landscape Designer $130.22 Lars Freeman -Wood Arborist $125.17 Devin Melville Environmental Planner $130.22 Fern Huynh Landscape Designer $118.22 Nathan Burroughs, MSc G1S Analyst $127.72 Grace Brennan Ecologist $124.20 Brianna Hines Environmental Planner $124.20 ATERSHED David Jackson Environmental Planner $121.06 Hui Cao Landscape Designer $120.96 Alexis Ochoa Arborist $120.15 Debra Klein Accountant $120.22 Brooke Taylor Contract Administrator $115.04 Betsy :Mann Marketing Manager $115.04 Angela Mele Interpretive Planner $121.23 Sage Presster Ecologist $113.40 Justin Kay Ecologist $108.18 Laura Keil Landscape Designer $113.40 Anna Murphy Ecologist $105.10 Jesse Rogers Arborist $97.20 Anna Tono Marketing Coordinator $81.00 CFP = Certified Fisheries Professional PIT = Engineer In Training LG = Licensed Geologist LHg = Licensed Hydrogeologist GIS = Geographic Information System PWS Professional Wetland Scientist as certified by the Society of PLA = State of Washington Professional Landscape Architect AICD American Institute of Certified Planners MSc = Master of Science degree MLA = Master of Landscape Architecture GISP = GIS Professional d by the American Fisheries Soc.' *Rates for 2023 only; scalato ny Key: nd Scientists ause for cost of living may apply in future years ATRHED Direct Costs AutoMileage Maximum standard rate allowable by IRS Reproduction: Plotting Rate per SF Black & White Printing Rate per Pa Pe B&W Bond $1.05 Color Bond $1.18 B&W,' Glossy $12.18 Color Glossy $13.76 8 1/2 x 11 $0.10 11 x 17 $0.20 12 x 18 $0.30 Color Printing Rate per Page 8 1 /2 x 11 $1.00 11 x 17 $2.0() 12 x 18 $2.50 Outside Reproduction At cost Electrofishing Equipment Fee $100.00/day Trimble Geo XH - GPS Equipment Fee $190.00/dav Field Tablet $20. day Solomat Water Quality Testing Equipment Fee $50.00/day YSI Salinity pH Meter $50.00/day Expert testimony Expert testimony is billed at 1.5 time, standard hourly rates 1_c� ing and per diem Reimbursement will be at a rate not to exceed the WA State OFM per diem rate for location services are provided. Out -of -State locations will be reimbursed at the current GSA rate for location services are provided. Other Direct Costs At Cost