HomeMy WebLinkAboutCAG1992-0020 - Original - Taylor Associates - Phase II Restoration of Lake Fenwick: Water Quality Monitoring - 08/22/1992 AGREEMENT FOR PROFESSIONAL SERVICES
THE CITY OF KENT AND TAYLOR ASSOCIATES
14-
THIS AGREEMENT is made this �,� Y day of UCA 1992, by and
between the City of Kent, a Washington f unicipal corporation
(hereinafter the "City") , and Taylor Associates, a company
organized under the laws of the State of Washington, located and
doing business at 1704 14th Avenue, Seattle, WA 98122 (hereinafter
the "Consultant") .
Recitals
1. The City is presently engaged in the Phase II restoration
of Lake Fenwick and desires that the Consultant perform services
in the form of water quality monitoring of Lake Fenwick.
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, 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:
I. Description of Work
Consultant shall perform all work as described in Exhibit A,
relevant to the monitoring of Lake Fenwick water quality in Kent,
Washington.
II. Payment
A. The City shall pay the Consultant based on time and
materials, an amount not to exceed $12, 000 for the
services described in Section I herein. This is the
maximum amount to be paid under this Agreement for all
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tasks in Exhibit A, 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
frame set forth in Section IV herein before reaching the
maximum amount.
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.
III. Relationship of Parties
The parties intend that an independent contractor-employer
relationship will be created by this Agreement. As Consultant is
customarily engaged in an independently established trade which
encompasses the specific service provided to the City hereunder, 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. In the performance of
of the work, Consultant is an independent contractor with the
ability to control and direct the performance and details of the
work, the City being interested only in the results obtained under
this Agreement. 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
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employees, agents, representatives, or subcontractor 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.
IV. Duration of Work
The City and Consultant agree that work will begin on the tasks
described in Exhibit A immediately upon execution of this
Agreement. The parties agree that in no event shall the start of
the work described in three Scope of�fWork be delayed beyond �Seepte�mber
1, 1992 . y� e Axastx CX ,-� /� l y f c ti^ fie- �ti `4 L (? � (i'
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V. Termina*ion
A. Termination of Agreement
If the City receives reimbursement by any state, federal,
or other source for work described in Section I 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.
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
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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 controlling, 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 ten
(10) 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
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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.
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, 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.
VII. Indemnification
Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and
all claims, injuries, damages, losses or suits, including all legal
costs and 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 City.
When City' s inspection or acceptance of any of Consultant's work
when completed shall not be grounds to avoid any of these covenants
of indemnification.
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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, agents 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. The parties further
acknowledge that they have mutually negotiated this waiver.
The provisions of this section shall survive the expiration or
termination of this Agreement.
VIII. 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, employees, subconsultants or subcontractors.
Before beginning work on the project described in this Agreement,
the Consultant shall provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than
$1, 000, 000 combined single limit per accident for bodily injury and
property damage; and
2 . Commercial General Liability insurance written on an occurrence
basis with limits no less than $1, 000, 000 combined single limit per
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occurrence and $2 , 000, 000 aggregate for personal injury, bodily
injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed
operations/broad form property damage; explosion, collapse an
underground (XCU) if applicable; and employer's liability.
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Any payment of deductible or self insured retention shall be the
sole responsibility of the Consultant.
The City, its officers, officials, employees, agents and volunteers
shall be named as an additional insured on the insurance policy, as
respects to the work performed by or on behalf of the Consultant
and a copy of the endorsement naming the City as additional insured
shall be attached to the Certificate of Insurance.
The Consultant' s insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim
is made or suit is brought, except with respects to the limits of
the insurer's liability.
The Consultant' s insurance shall be primary insurance as respects
to the City and the City shall be given thirty (30) days prior
written notice by certified mail, return receipt requested, of any
cancellation, suspension or material change in coverage.
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 notify the
City of any inaccuracies in the information provided by the City as
may be discovered in the process of performing the work, and that
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the City is entitled to rely upon any information supplied by the
Consultant which results as a product of this Agreement.
X. Ownership of Records and Documents
Original documents, and data 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 disclosure, inadvertent or otherwise.
XI. Entire Agreement
The written provisions and terms of this Agreement, together with
Exhibit A 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 Exhibits 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.
XII. City's Right of Supervision and Inspection
Even though Consultant is an independent contractor with the
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authority to control and direct the performance and details of the
work authorized under this Agreement, the work 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 effective or 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.
XIII Consultant to Maintain Records to Support Independent
Contractor Status
On the effective date of this Agreement (or shortly thereafter) ,
Consultant shall:
A. File a schedule of expenses with the Internal Revenue
Service for the type of business Consultant conducts;
B. Establish an account with the Washington State Department
of Revenue and other necessary state agencies for the
payment of all state taxes normally paid by employers,
register to receive a unified business identifier number
from the State of Washington; and
C. Maintain a separate set of books and records that reflect
all items of income and expenses of Consultant's
business, all as described in the Revised Code of
Washington (RCW) Section 51. 08. 195, as required to show
that the services performed by Consultant under this
Agreement shall not give rise to an employer-employee
relationship between the parties which is subject to RCW
Title 51, Industrial Insurance.
XIV. Work Performed at Consultant' s Risk
Consultant shall take all precautions necessary and shall be
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responsible for the safety of its employees, agents, and
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.
XV. 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.
XVI. Assignment
Any assignment of this Agreement by the Consultant without the
written consent of the City shall be void.
XVII.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.
XVIII Governing Law
This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
XIX. Non-Waiver of Breach
The failure of the City to insist upon strict performance of any of
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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.
gg. Resolution of Disputes
Should any dispute, misunderstanding, or conflict arise as to the
terms and conditions contained in this Agreement, the matter 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, venue
and jurisdiction of any resulting litigation shall be in King
County Superior Court, King County, Washington. The prevailing
party shall be reimbursed by the other party for its costs,
expenses and reasonable attorney' s fees incurred in any litigation
arising out of the enforcement of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the
day and year first above written.
TAYLOR ASSOCIATES \THE CITY OF KENT
BY:
(i l Cam•-�- `� BIts Prinq al yor
Notices to be sent to:
Mr. Don Wickstrom, P.E.
CONSULTANT Director of Public Works
The City of Kent
220 Fourth Avenue South
Kent, Washington 98032
�V77 Z/�LZ Z-
APPROVED AS TO FORM:
C, R S S'T•
Kent City Attorney
ATTEST:
1 Kent City Clerk
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TAYLOR ASSOCIATES
1704 14th Avenue Seattle, Washington 98122 (206) 328-2942
EXHIBIT A
Lake Fenwick Water Quality Sampling
Description of Services and Sampling Protocol
For this contract Taylor Associates will provide lake sampling services at Lake
Fenwick for the City of Kent. The schedule for sampling will be to complete 19
sampling events with samples taken in general twice a month in months between
April 1 to October 30, and once a month between November 1 to March 30. The
sampling period will be for one complete year to commence after the first sampling
trip. The period of the contract will be one year from the date of signing.
Taylor Associates will sample Lake Fenwick at the Deep Station and stations
EC-1 and EC-2 (see Phase 1 Report). Stations EC-1 and EC-2 will be sampled for
dissolved oxygen (D.O.) and temperature (T°) at 0.5 meter intervals to the bottom, pH
at 0 and 6 meters depth, and 0.5 meters off the bottom, and for secchi disk depth.
The Deep Station will be sampled likewise for D.O., To, pH, and secchi disk
depth. In addition, the Deep Station will be sampled for turbidity, chlorophyll a, total
phosphorus (TP), soluble reactive phosphorus (SRP), total kjeldahl nitrogen (TN),
nitrate plus nitrite nitrogen (NO3+NO2) and ammonia (NH4). One sample will be
collected for turbidity at 0.5 meters off the bottom, and for chlorophyll a at 0 meters
(just below the surface). TP and SRP will be sampled at 0, 6, and 9 meters (0.5
meters off the bottom) with 1 , 3 and 5 replicates per depth respectively. The nitrogen
parameters will be sampled at the surface and 9 meters only, and only one replicate
each.
Dissolved oxygen at each station will be sampled using an orion model 820
with a 16 meter cable to extend to depth. The D.O, meter will be calibrated at the
beginning of each sampling trip using the manufacturers recommended procedures.
Samples for pH will be collected using a Scott modified vertical Van Dorn sampler,
and evaluated using a Corning model 107 pH meter calibrated to pH 7 and 4 or 10,
depending on the range expected.
Samples for nutrients will also be collected in the Scott Van Dorn sampler. All
nutrients will be sampled in bottles prepared and provided by Aquatic Research, Inc.
(ARI). Total phosphorus and TKN samples will be collected in 250 ml bottles,
dispensed directly from the Van Dorn sampler to the bottles provided, and preserved
with acid at the lab. All sampling will start with the surface and progress to depth.
Samples for SRP, NO3+NO2, and NH4, will be collected in 1 liter plastic
Consulting in the Coastal and Freshwater Sciences
bottles in the boat, and filtered through a 0.45 µ filter in the field using a 250 ml
plastic filtration flask and hand pump immediately upon return to the dock. The 1
liter bottles will be prerinsed 3 times with sample water. Replicates for each depth
will be drawn from separate Van Dorn grabs at each depth. The filtration flask will be
washed with laboratory grade soap and water, and rinsed with dilute HCI then
deionized water prior to use. Approximately 250 ml will be filtered for each sample,
the flask will be rinsed with deionized water between samples, and new filters used
for each sample. Filtrate will then be dispensed to sample bottles prepared by ARI
and rinsed three times with filtrate. The order of filtration will be from the surface
depth to the bottom depth to prevent cross contamination from highest expected
concentrations at the bottom. Samples for laboratory analysis will be stored on ice
and delivered to ARI within 12 hours of sampling.
TAYLOR ASSOCIATES
1704 14th Avenue Seattle, Washington 98122 (206) 328-2942
Lake Fenwick
Water Quality Sampling Cost Estimate
For the City of Kent August 22,1992
Rates Full Travel
-----------------------------------
William J.Taylor $45.00 $20.00
Staff $30.00 $15.00 Staff
W.J.T.
Hours Hours
Standard Travel Standard Travel
Task Items
----------------------------------
-------------------------------------
------------------------------------------------
1. Lake Fenwick W.Q.sampling (8/1/92-7/31/93)
a. Field Prep.,sampling,field filter,& 19 0 0
delivery/coordination with lab 95
19 events @ 5hrs/event
b. Office Data Collation&Transmittal Time
19 0 0 0
19 events @ 1 hr/event
2. Sampling Program Expenses
a. Automobile milage
50 miles/event @ 0.27/mi. $256.50
b. Equipment rental
$20/event n/c
c. Laboratory Analysis
Total for 19 events $6,251.00
(Quote from Aquatic
Research Inc.) -------------------
$6,507.50
Base Tasks(1 +2)
Cost Breakdown
Labor $5,510.00
Expenses $6,507.50
--------------------
Total Annual Cost $12,017.50
Consulting in the Coastal and Freshwater Sciences