HomeMy WebLinkAboutPW1989-0144 - Original - TRC Enviornmental Consultants - Design and COnstruction of Canyon Drive Left Turn Lane - 08/23/1989 RECE , FE65
AUG 2 2 1989
CITY OF KENT CONTRACT FOR CONSULTANT SERVICES
CITY CLERK BETWEEN THE CITY OF KENT AND
TRC ENVIRONMENTAL CONSULTANTS
ARTICLE 1 - RELATIONSHIP OF THE PARTIES AND GENERAL PROVISIONS
1. 1 The City of Kent, Washington, a municipal corporation,
hereinafter referred to as the "City" , employs TRC
Environmental Consultants hereinafter referred to as "The
Consultant" to perform the scope of work described herein.
The City acknowledges that the Consultant is a Washington
State corporation organized and operated under the laws of
the State of Washington.
1. 2 The parties to this Agreement understand that the
Consultant' s services are environmental services provided
to the City for the purpose of design and construction of
Canyon Drive left turn lanes. The Consultant will act as
an independent contractor. The Consultant also agrees to
provide consultation and advice to the City on project
related alternatives and system feasibility.
1. 3 The parties to this Agreement each bind themselves, their
partners, successors, executors, administrators, and assigns
to the other party to this Engineering Agreement.
1.4 All materials, workups, notes, data files, computer tapes,
mylar original maps, film negatives, reports, calculations,
analyses and any and all other data and information
generated by the Consultant including agents and
subcontractors, under this Agreement shall be the property
of the City. Any reuse of these materials, data and
information by the City or their agents not occurring as a
part of this Agreement shall be without liability to the
Consultant. The Consultant may retain copies for their own
use throughout the period of this Agreement.
1. 5 The City and the Consultant agree that in all matters
relating to this Agreement, the City and the Consultant
shall have no right, power or authority to create any
obligation, expressed or implied, on behalf of each other,
and shall have no authority to represent each other as
agents. However, the City reserves the right to direct the
Consultant to represent the interests of the City at
meetings and interagency briefings in performing duties
under the Scope of Work provisions below. The Consultant
shall not be an employee of the City.
1. 6 The City warrants the accuracy of any information supplied
by it to the Consultant; the City acknowledges that the
Consultant will not verify the accuracy of such information,
and agrees that the Consultant is entitled to rely upon any
such information.
ARTICLE 2 - CONTRACT PERIOD
2 . 1 It is the intent of the parties that the services provided
in this Agreement shall continue for the duration of project
completion as detailed in the Scope of Work provisions at
Article 4 below. This Agreement for contract services
between the City and the Consultant shall begin on execution
of the Agreement and expire on completion or acceptance of
project by the City unless mutually extended by written
agreement of the parties.
2 . 2 The right is reserved by either party to terminate this
Agreement at any time upon not less than sixty (60) days
written notice. In the event of termination of the
Agreement for any reason provided for under this Article,
the City of Kent agrees to pay the Consultant upon
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submission of all invoices for its services rendered and
expenses incurred to the effective date of such termination.
2 . 3 In the event of the death of any project team member, the
Consultant shall complete the work as required under this
Agreement. In the event this Consultation Agreement is
terminated prior to completion during any permit year,
original copies of the Consultant's reports, drawings,
prints, plans, field notes, specifications and any and all
other documents and recordings prepared by the Consultant
pursuant to this agreement shall be delivered to the City
of Kent upon its written request at no further cost to the
City.
2 .4 In the event this Agreement is terminated prior to
completion of work, a final payment shall be made to the
Consultant. This final payment, when added to all payments
previously made, shall compensate the Consultant for all
services rendered and incurred to the effective date of such
termination.
ARTICLE 3 - PAYMENT FOR SERVICES
3 . 1 For services furnished, the City of Kent shall pay the
Consultant an amount based on the attached "Schedule of
Fees" , incorporated by reference herein. Billing rates are
adjusted annually.
3 .2 On the basis of the Scope of Work outlined and prioritized
in Article 4 below, the maximum amount to be paid by the
City under this Agreement shall not exceed $2 , 938 . 00 without
the prior written authorization of the City in the form of
a negotiated and executed supplemental agreement.
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3 . 3 In the event that Scope of Work is modified or changed so
that more or less work or time is required by the Consultant
and such modification is agreed to by the City and the
Consultant the payment for services and maximum contract
amount shall be adjusted accordingly upon agreement of the
parties.
3 . 4 The Consultant shall submit monthly progress invoices to the
City and a final bill shall be submitted upon completion of
the services. Within thirty (30) days after receipt of an
invoice, the City shall pay the full amount of the invoice.
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 of said invoice and shall
pay that portion of the invoice not in dispute, and the
parties shall immediately make every effort to settle the
disputed portion of the invoice. If the City fails to make
payment within thirty (30) days after receipt of an invoice,
then the City shall pay an additional monthly service charge
of one and one-half percent (1-1/2%) on all such amounts
outstanding. 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 1-1/2%
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.
3 . 5 Records of reimbursable expenses pertaining to additional
services and services provided pursuant to the Scope of Work
provisions contained in Article 4 shall be kept on the basis
of generally accepted accounting principles and shall be
available in a timely manner to the City or the City's
authorized representative at a mutually convenient time.
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ARTICLE 4 - PRIORITIZED SCOPE OF WORK
4 . 1 The Scope of Work shall specifically include the work
detailed in the articles below.
SEE ATTACHED EXHIBIT 'A'
ARTICLE 5 - CONTRACT REPRESENTATIVES
5. 1 The following authorized representatives are hereby
designated as contact persons for administration of this
Consulting Agreement:
Eric Hansen, Senior Consulting Scientist,
TRC Environmental Consultants
Don E. Wickstrom, P.E. , Director of Public Works or
designate, City of Kent
5. 2 Communications and contacts with the City or the Consultant
which affect the contract cost, fee, schedule, scope of
services or other contract terms and conditions shall be
made only with the contacts named above. No changes to this
contract will be binding upon the City or the Consultant
unless incorporated in a written modification to the
contract and signed by both parties. The effort set forth
in the Scope of Work shall be performed under the general
direction of the City' s representatives described above and
in a manner consistent with accepted engineering practice.
Any communications in the technical direction which shall
affect the Scope of Work shall be submitted by the
Consultant to the City in writing. When in the Consultant's
opinion, any directive from the City constitutes a change
to this Agreement, the City shall be notified immediately
for authorization of any such change. The Consultant shall
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perform in accordance with this Agreement as written until
such authorization for change is granted by the City's
contractual representative. Any such additional services
resulting from a change to the Contract Agreement shall be
paid for by the City as provided for in this Agreement.
ARTICLE 6 - APPLICABLE STATE LAW AND COMPLIANCE
6. 1 This Contract shall be governed and construed in accordance
with the laws of the State of Washington. The Consultant
agrees to comply with all applicable provisions of any
federal, state or local law or ordinance, including any
orders, rules and regulations issued thereunder.
ARTICLE 7 - EQUAL OPPORTUNITY
7 . 1 The Consultant will not discriminate against any employee
or applicant for employment because of age, race, color,
marital status or the presence of any sensory, mental or
physical handicap, sex, or national origin.
ARTICLE 8 - CONTRACTOR DUTIES
8. 1 The Consultant shall carry insurance coverage in the amount
of Five Hundred Thousand Dollars ($500, 000. 00) 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 given to the City. The cost of such full
coverage shall be included in the basic fee as set forth in
this Agreement.
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8 . 2 The Consultant agrees to defend, indemnify and hold harmless
the City, its elected officials, appointed officials, and
employees from and against any and all claims, demands, and
causes of actions of any kind or character whatsoever,
arising as a result of the Consultant' s employees' or third
parties' claims of alleged personal injuries, death, or
damage to their persons or property to the extent caused by
negligent acts, errors, or omissions of the Consultant
and/or its agents, subcontractors, employees, or
representatives; provided that no duty to defend, indemnify
and hold harmless shall arise by reason of the sole
negligence of the City of Kent or determined by a trier of
fact. The City of Kent agrees to defend, indemnify and hold
harmless the Consultant its partners, officers, employees
and subcontractors from all claims, expenses and liability,
following operation of applicable rights of contributions,
to the extent caused by negligent acts, errors or omissions
of the City and its employees, incluing any claims made by
employees of the City.
8 . 3 The Consultant shall maintain comprehensive general
liability insurance covering the work to be performed under
this Agreement and naming the City as a co-insured with
limits of at least one million dollars ($1, 000, 000) and
professional liability insurance of one million dollars
($1, 000, 000) . A certificate of insurance as evidence of
coverage will be provided to the City upon execution of this
Agreement. The City will be provided notification of any
changes to the said certificate within fifteen (15) days of
change. Any cost associated with such coverage is included
in the Consultant's basic fee and not chargeable to the
City.
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8.4 The Consultant represents 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. Estimates of cost of equipment,
construction, ownership or operation furnished by the
Consultant shall be the Consultant's opinion based upon its
professional judgment and experience. The Consultant makes
no other representation or warranty, express or implied.
ARTICLE 9 - CONTRACT INTERPRETATION AND DISPUTES
9 . 1 Any dispute arising under this Agreement shall be determined
by arbitration and such dispute or controversy shall be
judged pursuant to the rules and procedures of the American
Arbitration Association. The judgment of such arbitration
shall be final and binding upon the parties. Attorney' s
fees and costs may be awarded by the arbitrator upon a
finding that a party has substantially prevailed on the
majority of disputed issues on matters before or submitted
to the arbitrator.
9 . 2 Upon acceptance of this Agreement, the City and the
Consultant agree that the provisions of this Contract
including any and all documents incorporated by reference
herein, including any written amendments, shall constitute
the entire Agreement between the parties hereto, and shall
supersede any and all prior oral and written agreements
relating to the subject matter hereof. This Contract may
not be modified or terminated verbally, and no modification
or claimed waiver of any of the provisions hereof shall be
binding unless made in writing and signed by the party
against whom such modification or waiver is sought to be
enforced.
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ARTICLE 10 - PUBLIC INFORMATION
10. 1 The Consultant shall not issue any statements or other
releases of information for public dissemination without the
prior approval of the City of Kent.
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IN CONSIDERATION OF THE FOREGOING TERMS AND CONDITIONS, THE
PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE THIS `
DAY OF , 19
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CITY OF KENT TRC ENVIRONMENTAL CONSULTANTS
220 Fourth Ave. S. 21907 64th Ave. W. , Suite 230
Ke t, Washington 98032 Mountlake Terra e, WA 98043
By:
Dan Kelleher, Mayor Eric Hansen,
Senior Consulting Scientist
Approved as to form.;.
By:
a d Driscoll
City Attorney
ATTEST:
Marie Jen �, Ci�tyC`lerk�
M728
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SCHEDULE OF FEES
Senior Consulting Scientist $78.00/hour
Environmental Technician $42 .00/hour
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EXHIBIT "A"
NOISE SCOPE OF WORK FOR CANYON DRIVE IMPROVEMENTS
TASK 1: Document Existing Conditions (16 hours)
TRC has visited the project area and has been briefed by Mr. Cheng about
sensitive areas of local concern. We will tailor our measurements and impact
analysis to address these concerns.
In concert with City of Kent staff, appropriate sound level measurement locations
along Canyon Drive will be selected. TRC's initial review of the proposed action
suggests that sound level measurements at about 4 locations would be appropriate,
but we can be somewhat flexible on this number. Locations will be selected to
quantify typical sound levels along the road or at sensitive receptors .
We suggest that measurements be taken at each location for a 10-15 minute
interval during a typical weekday commute period (usually an evening commute
period) . Specific sources of noise and topographic features affecting the
measurements would be noted during the measurements, since other sources of
noise can often be important contributors.
Measured sound levels will be compared with relevant ambient sound level criteria
to, describe the existing situation with respect to government regulations. The
most important criteria would be those of the Federal Highway Administration,
but may also include those of the U.S. Dept. of Housing and Urban Development,
the Environmental Protection Agency, and state and local noise ordinances.
TASK 2: Evaluate impacts and discuss mitigating measures (32 hours)
Noise impacts from the proposed roadway project would be produced during and
after construction. Construction impacts will be characterized based on
published equipment noise emissions and the project description.
A model developed from Federal Highway Administration methodology by the U.S.
Environmental Protection Agency will be used to evaluate noise from vehicle
traffic. The model considers traffic mix, volumes, and speeds; roadway geometry
and grade; and topographic features of the receptor location to calculate an
hourly equivalent sound level.
Model calculations based on existing traffic data will be compared with
measurements from Task 1 to evaluate the model performance. The model will then
be used to calculate sound levels at specific receptors or at various distances
from the road for the design year with and without the proposed improvements.
Predicted noise levels will be compared with existing conditions and relevant
ambient acoustic criteria to determine the impact this noise would have. TRC
will also identify the number of residences where sound levels would increase
significantly (compared with the existing sound levels) , or where sound levels
approach or exceed 67 dBA during the peak hour.
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T?C
TRC will identify potential means of reducing noise impacts during construction
and operation of,, the roadway. Mitigating measures such as barriers or berms,
insulation, building setbacks, and travel speeds will be discussed. The
approximate height and location of noise berms will be discussed, but detailed
design and cost-benefit evaluations would be the subject of a separate scope of
work, if needed.
The results of the noise analysis will be presented in format suitable for
incorporating as an appendix to an environmental checklist or environmental
assessment, if desired. The report will describe the assessment methodology,
the model and input assumptions, and the data sources in language which can be
understood by the lay person.
TASK 3: Revise draft report (8 hours)
To ensure that our product meets the City's needs, we have budgeted one day to
revise our draft report in response to City of Kent staff comments.
BUDGET: '
TASK WORK-HOURS BUDGET
1: EXISTING CONDITIONS 16 , $ 681
2: EVALUATE IMPACTS, 32 $ 1,645
DISCUSS MITIGATING MEASURES
3: RESPONSE TO COMMENTS 8 $ 482
4: OTHER DIRECT COSTS* $ 130
TOTAL � 56 $ 2,938
* Costs include copying,. travel, sound level equipment and computer costs.
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TTC