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HomeMy WebLinkAboutCAG1992-0023 - Original - Resource Planning Associates - Stormwater Management Consultation - 02/20/1992 AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF KENT AND RESOURCE PLANNING ASSOCIATES THIS AGREEMENT is made this ,ZE day of Jti ► 1993.,, by and between the City of Kent, a d Washington Resource mugc+ial Planning corporation (hereinafter the "City") , Associates, a Washington corporation (hereinafter the "Consultant") , located at 311 W. Mc Graw Street, Seattle, Washington 98109 . R E C I T A L S 1. The City is presently engaged in the revision of its stormwater management standards, and desires that the Consultant perform services necessary to provide consultation and advice to the City on project-related alternatives and system feasibility. 2 . The Consultant agrees to perform such services, as such services are more specifically described in the Scope of Work, attached hereto as Exhibit A to this Agreement, which is incorporated herein by this reference as if fully set forth. NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: SECTION I. DESCRIPTION OF WORK Consultant shall perform all work relevant to preparation of stormwater management standards and design methodology to implement such standards, all as described in this Agreement and more specifically detailed in in Exhibit A. In addition, the Consultant shall prepare a letter-type report to the City which shall detail the results of the investigation, including all field data and discussion of results obtained. SECTION II. PAYMENT A. The City shall pay the Consultant the total sum of Twenty Thousand Dollars ($20, 000. 00) , for the services described in Section I. herein. This is the maximum amount to be paid under this Agreement, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. PROVIDED, HOWEVER, the City reserves the right to direct the Consultant's compensated services under the time frames set forth in Section IV. herein before reaching the maximum amount. 1 B. The Consultant shall submit monthly payment invoices to the City after such services have been performed, and a final bill upon completion of all the services described in this Agreement. The City shall pay the full amount of an invoice within forty-five (45) days of receipt. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. SECTION III. RELATIONSHIP OF PARTIES The parties intend that an independent contractor-employer relationship will be created by this Agreement. No agent, employee, representative or subcontractor of Consultant shall be or shall be deemed to be the employee, agent, representative or subcontractor of the City. The City is interested only in the results obtained under this Agreement. The manner and means of conducting the work are under the sole control of the Consultant. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance and unemployment insurance are available from the City to the employees, agents, representatives or subcontractors of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant' s agents, employees, representatives and subcontractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that Consultant performs hereunder. SECTION IV. DURATION OF WORK The City and Consultant agree that work will begin on the work immediately upon execution of this Agreement. The parties agree that in no event shall completion be delayed beyond April 30, 1992. SECTION V. TERMINATION A. Termination of Agreement. If the City receives reimbursement by any state, federal or other source for work described in Section 1 herein, and that funding is withdrawn, reduced or limited in any way after the execution date of this Agreement, and prior to the completion of the work hereunder, the City may summarily terminate this Agreement. Termination shall be effective upon the Consultant' s receipt of the written notice. 2 B. Termination for Failure to Prosecute Work or to Complete Work Satisfactorily. If the Consultant refuses or fails to prosecute the work with such diligence as will ensure its completion within the time frames specified herein, or as modified or extended as provided in this Agreement, or to complete such work in a manner satisfactory to the City, then the City may, by written notice to the Consultant, give notice of its intention to terminate the Consultant's right to proceed with the work. On such notice, the Consultant shall have ten (10) days to cure, to the satisfaction of the City or its representative, or the City shall send the Consultant a written termination letter which shall be effective upon deposit in the United States mail to the Consultant's address as stated below. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise, and Consultant shall be liable to the City for any additional cost incurred by it in the completion of the work. C. Excusable Delays. The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to (1) any acts of the federal government in controling, restricting or requisitioning materials, equipment, tools or labor by reason of war, national defense or other national emergency; (2) any acts of the City causing such delay; and (3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within two (2) days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. D. Rights upon Termination. In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination the City may take possession of all records and data within the Consultant's possession pertaining to this project. SECTION VI. DISCRIMINATION In the hiring of employees for the performance of work under this Agreement or any subcontract hereunder, the Consultant, its subcontractors or any person acting on behalf of such Consultant or subcontractor shall not, by reason of race, religion, color, sex, 3 national origin, or the presence of any sensory, mental or physical handicap, discriminate against any person who is qualified and available to perform the work to which the employment relates. SECTION VII. INDEMNIFICATION Consultant hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, officials, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by Consultant' s own employees to which Consultant might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property of which the negligent acts or omissions of Consultant, its agents, servants, officers or employees in performing this Agreement are the proximate cause. Inspection or acceptance by the City of any work performed by the Consultant at the time of completion shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. 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 Consultant and the City, its officers, officials, employees, agents or representatives, Consultant's liability hereunder shall only be to the extent of Consultant' s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Consultant's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. SECTION VIII. INSURANCE Consultant shall procure and maintain for the duration of this Agreement, comprehensive general liability and automotive liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its employees, agents or subcontractors. The cost of such insurance shall be borne by Consultant. Consultant shall maintain limits on such insurance in the amount of $1, 000, 000. 00 combined single limit per occurrence/accident for bodily injury, personal injury and property damage. The City, its officers, officials, employees, agents, volunteers and representatives are to be covered as insureds as respects liability arising out of activities performed by or on 4 behalf of the Consultant on automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, volunteers or representatives. Consultant's insurance coverage shall be primary as respects the City, its officers, officials, employees, agents and volunteers. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City. The deductibles and/or self-insured retention shall not apply to the Consultant's liability to the City and shall be the sole responsibility of the Consultant. Any insurance maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. Consultant agrees to provide the City with certificates of insurance evidencing the required coverage before Consultant begins work on the project described in this Agreement. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. SECTION IX. EXCHANGE OF INFORMATION The City warrants the accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. The parties agree that the Consultant will verify and supplement the accuracy of such information, and that the City is entitled to rely upon any information supplied by the Consultant which results as a product of this Agreement. SECTION X. OWNERSHIP OF RECORDS AND DOCUMENTS Original documents, drawings, designs and reports developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available, is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its 5 disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, WA. Consultant shall make such data, documents and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City' s offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. SECTION XI. ENTIRE AGREEMENT The written provisions and terms of this Agreement, together with the appendices attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement, or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and any appendices attached hereto, and all RFP related documents, which may or may not have been executed prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. SECTION XII. CITY'S RIGHT OF SUPERVISION AND INSPECTION In the performance of the work hereunder, Consultant is an independent contractor with the authority to control and direct the performance and details of the work, the City being interested only in the results obtained. However, the work contemplated herein must meet the approval of the City and shall be subject to the City's general right of inspection and supervision to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now or may in the future become applicable to Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. Consultant further agrees that the services furnished under this Agreement will be in accordance with generally accepted professional practices in effect at the time such services are performed. SECTION XIII. WORK PERFORMED AT CONSULTANT'S RISK Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and 6 subcontractors in the performance of the work hereunder and shall utilize all protections necessary for that purpose. All work shall be done at Consultant' s own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. SECTION XIV. MODIFICATION No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. SECTION XV. ASSIGNMENT Any assignment of this Agreement by the Consultant without the written consent of the City shall be void. SECTION XVI. WRITTEN NOTICE All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. SECTION XVII. GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington. SECTION XVIII. NON-WAIVER OF BREACH The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. SECTION XIV. RESOLUTION OF DISPUTES Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter 7 shall first be referred to the City, and the City shall determine the term or provision's true intent or meaning. The City shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. If any dispute arises between the City and Consultant under any of the provisions of this Agreement which cannot be resolved by the City's determination in a reasonable time, or if Consultant does not agree with the City's decision on the disputed matter, jurisdiction of the resulting litigation shall be with the King County Superior Court. The prevailing party in any such litigation shall be entitled to its costs and expenses, including reasonable attorneys' fees. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CONSULTANT THE CI OF KENT By By Tr-s 19611 c—' Its ,Mayor 8 Notices should be sent to: Resource Planning Associates Don Wickstrom, P.E. 311 W. Mc Graw Director of Public Works Seattle, WA 98109 The City of Kent 220 South Fourth Street Kent, Washington 98032 APPROVED AS TO FORM: _ y e t City A rney ATTEST: Kent City Cle 9 EXHIBIT 'A' SCOPE OF WORK REVISIONS TO STORMWATER MANAGEMENT STANDARDS 1. 0 PROJECT DESCRIPTION The purpose of this project is to update the City of Kent's standards for stormwater management. The stormwater standards were last updated in 1982 . Significant changes have occurred in the stormwater management for control of flooding, streambank erosion and water quality degradation. The various standards currently in use or proposed for adoption in this region will be evaluated for applicability to the City's specific needs. A standard will be selected for adoptions in consultation with staff from the Department of Public Works. Design methodologies will be developed to facilitate the implementation of these standards. 2 . 0 MAJOR PROJECT ELEMENTS TASK I - DEFINE OBJECTIVES: A meeting will be held with staff from the Department of Public Works to identify and clarify the specific objectives for the stormwater management to control flooding streambank erosion and water quality degradation. Also to be discussed in this meeting are implementations issues, such as: threshold for requirements, requirements for short plats, trade offs between on-site and regional facilities, coordinating Kent's standards with King County and Puget Sound Water Quality Management Authority's requirements. TASK II - IDENTIFY AND EVALUATE ALTERNATIVE STANDARDS: The following stormwater management standards will be evaluated and compared with respect to their long term performance for flood control, streambank protection and water quality management: 1. Current City Standards 2 . Current King County Standards 3 . Proposed King County 7 - day SBVH Standard 4. HSPF Standard of matching pre and post development flows 5. Proposed State Department of Ecology Standards 10 An evaluation of the impact of the alternative standards will be made for selected sub-basins on the East Hill and the Green River Valley. Facility sizing will be done using the alternative standards and approaches. The performance of the facilities will be determined for an extended period using existing HSPE models developed for the City watersheds. Results of the evaluation on a sub-basin level will be extrapolated to a watershed wide basis to give a general indication of the impacts at the watershed level. TASK III - SELECT STORMWATER MANAGEMENT STANDARDS: The results of the evaluation in Task II will be discussed with staff from the Department of Public Works. The meeting will result in selection of the proposed Stormwater Management Standards for the City of Kent. TASK IV - DEVELOP IMPLEMENTATION METHODOLOGY: Design methodologies will be, develop to facilitate the implementation of the Stormwater Management Standards. Simplified procedures will be developed to assist developers and plan reviewers. TASK V - LETTER REPORT: A letter report will be prepared which summarizes the process by which the reviewed Stormwater Management Standards where developed based upon the work in Tasks I thru IV. The relevant portions of Section 5 of the Development Standards will be rewritten. Attachment: SCHEDULE OF FEES it SCHEDULE OF FEES GARY MINTON $80/HOUR RALPH NELSON $80/HOUR MALCOLM LEYTHAM $125/HOUR LUIS CADAVID $80/HOUR Direct expenses at actual cost except for local mileage at not to exceed $0. 27/mile. 12