HomeMy WebLinkAboutCAG1991-015 - Original - Shapiro & Associates - Kent Springs Transmission Main Project - Delineation of Wetlands - 04/26/1991 AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES
BETWEEN THE CITY OF KENT AND SHAPIRO & ASSOCIATES
THIS AGREEMENT is made and entered into this Q4 day of ,
1991 , by and between the City of Kent, a Washington municipal corpo ation
(hereinafter "City"), and Shapiro and Associates, a Washington corporation,
located at Suite 1400, Smith Tower, 506 Second Avenue, Seattle, Washington
98104 (hereinafter "Consultant") .
RECITALS
1 . The City desires to obtain further delineation of wetlands relevant
to the Kent Springs Transmission Main Project, (the "Project" herein) , as
described in Exhibit A, attached. In connection with this wetlands
delineation, the City requires that assessments be made of wetland value; that
various environmental reports be drafted and submitted to outside agencies;
that specialized consultation and advice be given to the City on project
related alternatives and environmental mitigation measures; and that support
be given pursuant to the permitting process, including participation in
outside agency meetings and agency on-site review.
2. Consultant agrees to perform these services and the other services
described in this Agreement under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises set forth
herein, it is agreed by and between the City and the Consultant as follows:
SECTION ONE
DESCRIPTION OF WORK
Consultant will perform consultant and advisory services on behalf of
the City with respect to all matters relating to or affecting the Project. In
conjunction with same, it is acknowledged that the Consultant, under prior
contract with the City, completed a Unified Federal Method delineation of
wetlands along the Project's Phase I pipeline corridor at 282nd Street on
April 23, 1990. The Consultant delineated wetlands on the Banks property
along 124th Street and the City's property located south of the Kjerland
property on May 3, 1990. Under the scope of this Agreement, the Consultant
agrees to perform the following work:
1 . Wetlands not included within the April 23 and May 3, 1990
delineation and located within the pipeline right-of-way (STA-0+14 to ± 86+00,
or as shown on Exhibit B, attached hereto and incorporated herein by
reference) , shall be delineated by the Consultant using the Unified Federal
Method. This delineation shall be completed by March 31, 1991.
2. Consultant shall complete a wetland values assessment for all
wetlands located within STA-0+14 to ± 86+00, (or as shown on Exhibit B,
attached hereto) that may be affected by the Project by March 31, 1991 .
3. Consultant shall prepare a report on the above wetland delineation
and values assessment for the U.S. Army Corps of Engineers, which shall
describe the methods used in completing same and the results of the
Page I of 9 pages
investigation. The report shall be in draft form and submitted to the City
for approval by March 31, 1991.
4. Consultant agrees to conduct all required agency meetings with
regard to the above services, including meetings with the Corps on-site to
review and obtain concurrence with the wetland boundaries.
5. Consultant further agrees to provide, on a time and materials
basis, any permitting support required by the City. Any services related to
the permitting support shall not be included in the consideration for this
Agreement, but shall be provided to the City under the fee schedule attached
to this Agreement as Exhibit C (attached hereto and incorporated herein by
reference) which describes various available services and hourly charges. The
scope of the permitting support services may include Consultant's attendance
at meetings with the City, Corps, resource agencies or the public,
miscellaneous coordination, preparation of reports, applications and support
documents, or any other tasks identified by the City and agreed to by
Consultant.
All work performed under this Agreement shall be performed consistent
with accepted practices for other similar services, and substantially in every
respect to the satisfaction and approval of Don Wickstrom, Public Works
Director for the City, or his designee, within the time frames specified
herein, and in accordance with any instructions and information contained in
this Agreement or any exhibits attached hereto.
SECTION TWO
PLACE OF WORK
The City warrants to Consultant that it shall seek to obtain all
necessary legal rights to authorize Consultant's entry upon the real property
where Consultant's services are to be performed ("Site" herein) and upon all
property, if any, required for ingress and egress to the Site. The City
authorizes Consultant to enter upon the Site on its behalf as is necessary to
allow Consultant to perform its services.
SECTION THREE
STATUS OF CONSULTANT
The City and Consultant agree that in all matters relating to this
Agreement, the City and Consultant shall have no right, power or authority to
create any obligation, express or implied, on behalf of each other, and shall
have no authority to represent each other as agents. PROVIDED, HOWEVER, the
City reserves the right to direct Consultant to represent the interests of the
City at meetings and interagency briefings to perform the duties listed in
Section One, herein.
This Agreement calls for the performance of services of the Consultant
as an independent contractor and Consultant will not be considered an employee
of the City for any purpose. The Consultant shall secure at its own expense,
and be responsible for any and all payment of income tax, social security,
state disability insurance compensation, unemployment compensation, Worker's
Compensation and all other payroll deductions for the Consultant and its
officers, agents and employees and the costs of all business licenses, if any,
in connection with the services to be performed hereunder.
Page 2 of 9 pages
SECTION FOUR
TIME DEVOTED TO WORK
In the performance of the services described herein, and except as
described in Section One, paragraph 5 herein, the Consultant shall have
control over the numbers of hours of work as is reasonably necessary to
fulfill the spirit and purpose of this Agreement. The Consultant agrees to
begin work upon execution of this Agreement by both parties and shall carry
the work forward according to the time frames set forth herein, and where the
time is not specified, Consultant agrees to perform the work as expeditiously
as possible.
SECTION FIVE
PAYMENT
1 . The City will pay the Consultant the total sum of Eight Thousand,
Eight Hundred Dollars ($8,800.00) for the services described in Section One,
paragraphs 1 through 4 herein. This maximum amount to be paid under this
Agreement for services described in Section One, paragraphs 1 through 4, which
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 One herein before reaching
the maximum amount.
2. For the services described in Section One, paragraph 5 herein, the
City shall pay Consultant an amount based on the "Schedule of Fees" set forth
in Exhibit C.
3. The Consultant shall submit monthly progress invoices to the City
and a final bill shall be submitted upon completion of the services. The City
shall pay the full amount of the invoice within thirty (30) days. 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.
If the City fails to make payment within thirty (30) days after receipt
of an invoice and has not notified the Consultant of any dispute over the
invoice amount, the City shall pay an additional monthly service charge of one
and one-half percent (1-112%) on all such outstanding amounts. The additional
charge shall not apply to any disputed portion of any invoice resolved in
favor of the City.
In the event that all or any portion of the 1-112% service charge
provided for herein is deemed to be an interest charge, then and in that event
said interest charge shall be limited to the maximum amount legally allowed by
law.
SECTION SIX
TERMINATION
I. Termination of Agreement. If the Consultant refuses or fails to
prosecute the work with such diligence as will ensure its completion within
Page 3 of 9 pages
the time frames specified herein, or as modified or extended as provided in
this Agreement, the City, by written notice to the Consultant, may terminate
the Consultant's right to proceed with the work. On such 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 its completion of the work. Consultant shall also be
liable to the City for liquidated damages for any delay in the completion of
the work as provided below.
2. 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 any 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, acts of another
Consultant or contractor in the performance of some other contract with the
City, fires, floods, strikes, weather of unusual severity. PROVIDED, HOWEVER,
that the Consultant must promptly notify the City within five (5) day(s) 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.
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 SEVEN
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 or national origin, discriminate against
any person who is qualified and available to perform the work to which the
employment relates.
SECTION EIGHT
INDEMNIFICATION
Consultant hereby releases, covenants not to bring suit and agrees to
indemnify, defend and hold harmless the City, its officers, 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. Consultant further
releases, covenants not to bring suit and agrees to indemnify, defend and hold
harmless the City, its officers and employees from any and all claims, costs,
Page 4 of 9 pages
judgments awards or liability to any person (including Consultant's own
employees,) arising against the City solely by virtue of the City's act of
permitting Consultant's use of the Site, pursuant to this Agreement.
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. Sand 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.
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 Consultant and the City, its
officers, employees and agents, 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
Olympic'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 NINE
INSURANCE
Consultant shall procure and maintain for the duration of this Agreement
comprehensive general liability and automobile 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 agents, representatives, employees 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 combined single limit per
occurrence/accident for bodily injury, personal injury and property damage.
The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or
on 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, employees or
volunteers.
Consultant's insurance coverage shall be primary as respects the City,
its officers, officials, employees 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, its officers, officials and
employees. The deductibles and/or self-insured retention shall not apply to
Consultant's liability to the City and shall be the sole responsibility of the
Consultant. Any insurance maintained by the City, its officers, officials,
employees or volunteers 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,
Page 5 of 9 pages
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.
Consultant shall carry insurance coverage in the amount of two hundred
thousand dollars ($200,000) on maps, drawings, specifications, computer files
and other valuable information against loss by fire, damage, destruction and
theft, until all the work contemplated by this Agreement has been completed
and the City has been given possession of all documents, data, maps and files.
The cost of this insurance, as well as all insurance described in this
paragraph, shall be included in the basic fee as set forth in Section 5(1) of
this Agreement.
SECTION TEN
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 City acknowledges that the Consultant will not verify the accuracy of such
information, and agrees that Consultant is entitled to rely upon any such
information so supplied.
The City shall immediately notify the Consultant in writing of any data,
information or knowledge in the City's possession relating to the subsurface
conditions existing at the Site and shall provide the Consultant with the
location of any and all known utilities or structures existing upon the Site.
Consultant shall immediately notify the City of any conditions Consultant
discovers on the Site which would affect its performance under this Agreement,
including utilities or structures not identified by the City, which would
cause Consultant to encounter additional expense or delays. Prior to
incurring such additional expense or delays due to unknown or identified
conditions, the Consultant shall notify the City, and request further
directions and written authorization to proceed.
SECTION ELEVEN
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 s,@rvices 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.
All data, documents and files created by Consultant under this Agreement
may be stored at Consultant's office in Seattle, Washington. 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.
Page 6 of 9 pages
SECTION TWELVE
ENTIRE AGREEMENT
The written provisions and terms of this Agreement 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, any addenda
attached hereto, and all bid 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 at length herein.
SECTION THIRTEEN
CITY'S RIGHT OF SUPERVISION AND INSPECTION
In the performance of the work herein contemplated, 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.
The City shall designate a representative(s) who shall at all times have
access to the Site for the purposes of observing tests or inspecting the work
performed by the Consultant, to judge whether such work is being performed in
accordance with the provisions hereof. Such representative(s) shall be
empowered to act for the City in all matters relating to Consultant's
performance of the work undertaken.
SECTION FOURTEEN
WORK PERFORMED AT CONSULTANT'S RISK
Consultant shall take all precautions necessary and shall be responsible
for the safety of the work hereunder and shall utilize all protections
necessary for that purpose. All work shall be done at Consultant's 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 FIFTEEN
DAMAGE TO SITE BY CONSULTANT
Consultant shall take reasonable precautions to minimize any damage to
the Site. Correction of any damage and/or necessary restoration of the Site
(either surface or subterranean) shall be the sole obligation of Consultant,
and shall not be included in the amount payable under this Agreement.
Page 7 of 9 pages
SECTION SIXTEEN
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 Consultant and the City.
SECTION SEVENTEEN
EXTENSION OF TIME
An extension of the time stipulated in this Agreement for the completion
of the work will be made when changes in the work occur or when the work is
suspended, as provided herein, or when the work of Consultant is delayed on
account of the conditions mentioned in Section herein, which conditions
are not the result of fault or negligence of the Consultant. Consultant shall
notify the City promptly of any occurrence or conditions that in the
Consultant's opinion, entitle it to an extension of time. Such notice shall
be in writing and shall be submitted in ample time to permit full
investigation and evaluation of Consultant's claim. Failure to provide such
notice shall constitute a waiver by Consultant of any claim.
SECTION EIGHTEEN
ASSIGNMENT
Any assignment of this Agreement by the Consultant without the written
consent of the City shall be void.
SECTION NINETEEN
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 TWENTY
GOVERNING LAW
This Agreement shall be governed by the laws of the State of Washington.
SECTION TWENTY-ONE
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 service 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
Page 8 of 9 pages
determination within a reasonable time, jurisdiction of the resulting
litigation shall be with the King County Superior Court.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first above written.
CONSULTANT TH CI Y OF KENT
It IBy By t �Ov-
Notices should be sent to:
G4-ettt g " /k,,r Donald E. Wickstrom
Vice President R44 Director of Public Works
Shapiro and Associates 220 4th Avenue So.
Kent, Washington 98032
The Smith Tower
502 Second Avenue
Seattle, Washington 98104
Approved as to form;
i t Att. rney
Attest:
� .�z: � Z�_
City Clerk
SHAPIRO.LAW
Page 9 of 9 pages
EXHIBIT 'A'
The Kent Springs Water Transmission Main, Phase II site
is located southeast of the City of Kent, in King County,
WA. The transmission main right-of-way is approximately
12 , 200 feet long and lies within the rectangle formed by
SE 274th Street to the north, SE 304th Street to the
south, 124th Avenue SE to the east, and 108th Avenue SE
to the west.
The project consists of installing approximately 9 , 800
L.F. of 30" and 2 , 400 L.F. of 18" watermain.
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EXHIBIT B
EMPLOYEE HOURLY RATE
Sander, S. $93
Bachman, G. $93
Boule, M. $86
Britt, B. $85
Mallon, B. $73
Milne, M. $68
Korsmo, P. $71
Wert, M. $71
Walker, N. $71
Beck, C. $71
McGowan, K. $71
Bowden, T. $59
Cooper, C. $60
Melvin, M. $58
Schott, M. $58
Krause, T. $56
Myers, D. $56
Wilimovsky, B. $54
Keany, J. $52
Rozenbaum, R. $50
Kennedy, S. $49
Stewart, M. $49
Hahn, C. $48
Greene, J. $47
Hall, K. $46
Lichiello, P. $48
Stables, B. $46
Gold, C. $45
Press, M. $45
Ghillino, J. $47
Erickson, B. $47
Feldman, S. $44
Carleton, A. $44
Hansen, R. $40
Houck, C. $40
Cole, C. $39
Babcock, E. $42
Nielsen, K. $37
Graphics $42
Word Processing $36
Clerical $24
City of Kent
February 12, 1991 EXHIBIT C
CITY of J_S Dan Kelleher, Mayor
Don E. Wickstrom, P.E., Director of Public Works
pFtwl�`T�` May 7 , 1991
Mr. William Britt, Vice-President
Shapiro & Associates, Inc.
The Smith Tower Suite 1400
506 Second Avenue
Seattle, WA 98104
RE: Kent Springs Transmission Water Main Contract
Dear Mr. Britt:
Enclosed please find your copy of the complete executed contract
for the delineation of wetlands on the Kent Springs Transmission
Water Main Project.
If you have any questions, please call Dean Falkner at 859-3757 .
Very truly yours,
Marilyn J. Par er
Enclosure
cc: City Clerk
1
220 4th AVE.SO., /KENT,WASHINGTON 98032-5895/ENGINEERING (206)859-3383 FAX#859-3559/OPERATIONS(206)859.3395 FAX#859-3664