HomeMy WebLinkAbout25-097 - Contract - Facet NW, Inc. - On-Call Critical Areas ConsultantContract Number: 25-097
Council Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and Facet NW Inc. hereinafter referred
to as "the Contractor," whose principal office is located at 9706 4th Ave
NE, Suite 300, Seattle, WA 98115
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 have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. 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 anyway.
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 $20,000.00.
3. Contractor Budget. 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 commencing on
the latest date the Agreement is fully executed, and ending, June 30, 2025, unless sooner terminated
under the provisions hereinafter specified.
5. Independent 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 suits
CA Revised October 2022 Page 1 of 4 + Appendices
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 Contractor'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.
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 Liability insurance with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 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 Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsementCG
20 10 10 01 and Additional Insured -Completed Operations endorsement CG 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 State of
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 Contractor'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 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.
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. Termination. 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 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, 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. Entire Aareement: Modification. 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 effect unless it is in writing and signed by the parties.
14. 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.
15. Notices. 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. Annlicable 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 attorney's fees and costs of suit.
DATED this 27th day of
CITY OF TUKWILA
D�ocuSigned by:
N/O-� C, t;t�
L73'I'ClC,UAiF�-I� ..
Nora Gierloff, Director of
Community Development
ATTEST/AUTHENTICATED:
Signed by:
Andy Youn-Barnett, City Clerk
APPROVED AS TO FORM:
Signed by:
1(AJ1.l. ot. SG(t1A
E4tage c4`-&5 - ...
Office of the City Attorney
March 12025 .
CONTRACTOR
By:
Printed Name and Title: Hugh Mortensen, Execu-
tive Vice President
Address: 9706 41,-1 AveIIVI:::::::, &..jute 00
Seattle, W 98115
CA Revised October 2022 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
o 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, tree retention plans, tree risk assessments and other
arboriculture services as requested
Additionally, the Consultant may perform additional tasks, or may subcontract tasks
including, but not limited to, these subjects:
• Technical information reports (TIR per KC Surface Water Manual)
• General riverbank analyses
• Hydrologic and Hydraulic studies/modeling
• Phase I 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.
Project Name:
TASK ORDER TEMPLATE
Permit Number:
Project Location: Date:
Task Order
Project
Manager
Hours
Project
Scientist
Hours
Other
Consultant
Total Hours
Summary
Hours
Rate
Total
Project Manager
Project Scientist
Other Consultant:
Total Labor
TOTAL ESTIMATED COST, NOT TO EXCEED
Authorized by DCD Director:
i4 FACET
CATEGORY RATES
Issued Date: 02/17/2024
Effective Through: 12/31/2025
Category Title
Hourly Billing Rate
Accounting Billing Clerk
$104
Accounting Billing Coordinator
$120
Administrative Assistant
$103
Administrative Assistant Coordinator
$114
Arborist 1
$125
Arborist 2
$146
Arborist 3
$157
Arborist 4
$163
Arborist 5
$179
Arborist 6
$205
Arborist 7
$221
Arborist 8
$253
Business Development Coordinator
$145
Business Development Marketing Manager
$145
Ecological Designer 1
$150
Ecological Designer 2
$162
Ecological Designer 3
$174
Ecological Designer 4
$186
Ecological Designer 5
$191
Ecological Designer 6
$206
Ecological Designer 7
$221
Ecological Designer 8
$236
Ecologist 1
$135
Ecologist 2
$148
Ecologist 3
$157
HOURLY RATES BILLED AT THE POSTEDUPDATED
JANUARY AYEAR.OF UPDATED RATESPRIOR .. O
Category Title
Hourly Billing Rate
Ecologist 4
$177
Ecologist 5
$200
Ecologist 6
$220
Ecologist 7
$230
Ecologist 8
$250
Engineer
$134
Engineer 2
$157
Engineer 3
$206
Engineer 4
$215
Engineer 5
$227
Engineer 6
$278
Engineer 7
$319
Engineer 8
$328
Engineer Tech 1
$103
Engineer Tech 2
$115
Engineer Tech 3
$137
Engineer Tech 4
$155
Engineer Tech 5
$170
Engineer Tech 6
$176
Engineer Tech 7
$201
Engineer Tech 8
$224
Finance Manager-
$221
Fisheries Biologist 1
$147
Fisheries Biologist 2
$162
Fisheries Biologist 3
$177
Fisheries Biologist 4
$192
Fisheries Biologist 5
$207
Fisheries Biologist 6
$213
Fisheries Biologist 7
$228
Fisheries Biologist 8
$243
GIS Analyst 1
$110
GIS Analyst 2
$125
* HOURLY RATES ARE BILLED
JANUARY IST OF EACH YEAR. CLIENT WILL BE NOTIFIED OF UPDATED RATES PRIOR TO
JANUARY BILLING.
" FACET
FACET T T /z
Category Title
Hourly Billing Rate
GIS Analyst 3
$136
GIS Analyst 4
$175
GIS Analyst 5
$177
GIS Analyst 6
$181
GIS Analyst 7
$217
GIS Analyst 8
$235
Graphics Designer 4
$136
Human Resources Generalist
$117
Human Resources Manager
$163
Hydrogeologist
$215
Intern 1
$93
Landscape Architect 1
$121
Landscape Architect 2
$136
Landscape Architect 3
$159
Landscape Architect 4
$175
Landscape Architect 5
$210
Landscape Architect 6
$231
Landscape Architect 7
$266
Landscape Architect 8
$328
Landscape Designer 1
$134
Landscape Designer 2
$143
Landscape Designer 3
$151
Landscape Designer 4
$175
Landscape Designer 5
$204
Landscape Designer 6
$220
Landscape Designer 7
$257
Landscape Designer 8
$328
Marketing Coordinator
$133
Planner 1
$115
Planner 2
$127
Planner 3
$151
Planner 4
$178
* HOURLY RATES ARE BILLED
JANUARY IST OF EACH YEAR. CLIENT WILL BE NOTIFIED OF UPDATED RATES PRIOR TO
JANUARY BILLING.
" FACET
FACET T T /3
Category Title
Hourly Billing Rate
Planner 5
$194
Planner 6
$231
Planner 7
$241
Planner 8
$328
Principal 1
$232
Principal 2
$243
Principal 3
$265
Principal 4
$309
Principal 5
$343
Principal 7
$343
Principal 8
$343
Project/Contract Administrator
$149
Restoration Specialist
$200
* HOURLY RATES ARE BILLED AT THE POSTED YEARLY RATE WHICH IS UPDATED ON
JANUARY IST OF EACH YEAR. CLIENT WILL BE NOTIFIED OF UPDATED RATES PRIOR TO
JANUARY BILLING.
FACET CATEGORY RATES /4
FACET