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HomeMy WebLinkAboutCAG1988-023 - Original - Shapiro & Associates, Inc. - Spring Transmission Water Main Environmental Consulting Services - 01/15/1988 CITY OF MINT January 25, 1988 D �49 Glenn Bachman Jq N 2 S Shapiro & Associates C/7)'OF 988 The Smith Tower Suite 1812 CI C�ovr 506 Second Avenue k Seattle, Washington 98104 RE: Contract for Environmental Consulting Services Kent Springs Transmission Water Main Project Dear Glenn: Enclosed is your copy of the fully executed agreement per the above referenced project. Please keep me apprised of the status of the project in accordance with the Schedule proposed in the agreement. Very truly yours, Don E. Wickstrom, P.E. i Gary , E. City Engineer Enclosure 220 4th AVE.SO. / KENT,WASH INGTON 98032-5895 / TELEPHONE(206)859-3300 CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES BETWEEN THE CITY OF KENT AND SHAPIRO & ASSOCIATES 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 Shapiro & Associates, hereinafter referred to as "Shapiro" , to perform the scope of work described herein. The City acknowledges that Shapiro is a Washington State corporation organized and operated under the laws of the State of Washington and is an independent contractor for purposes of acting under the terms of this Agreement. 1 .2 The parties to this Agreement understand that Shapiro's services are retained to provide an expanded environmental checklist for the Kent Springs Transmission Water Main Project to the City. Shapiro also agrees to provide consultation and advice to the City on project related alternatives and mitigation measures, together with conducting the initial agency meetings and a public, project open house. 1 .3 The parties to this Agreement each bind themselves, their officers, successors, executors, administrators, and assigns to the other party to this Agreement. 1 .4 All records, materials, workups, notes, data files, computer tapes, film negatives, reports, calculations, analyses and any and all other data and information generated by Shapiro, including agents and subcontractors, under this Agreement shall be the property of the City. Shapiro may retain copies at their own cost for their own use throughout the period of this Agreement. Any computer data and files created by Shapiro under this Agreement also constitutes property of the City and shall be stored at Shapiro's office in Seattle, Washington and made available upon reasonable request by the City of Kent for the purpose of editing, modifying, and updating as necessary until such time as the City is capable of storing such information at the City. At the City's request, it shall be afforded any duplicate copies of the above-described information at reasonable cost to the City. 1 .5 The City and Shapiro agree that in all matters relating to this Agreement, the City and Shapiro 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 Shapiro to represent the interests of the City at meetings and interagency briefings in performing notng duties under the Scope of Work provisions below. Shapiro shall an employee of the City. 1 .6 The City warrants to Shapiro that it shall seek to obtain necessary legal rights to authorize Shapiro's entry upon the real property where Shapiro'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 Shapiro to enter upon the Site on its behalf as is necessary to allow Shapiro to perform its services. Shapiro will take reasonable precautions to minimize any damage to the Site. The correction of any damage to and restoration of the Site (surface or subterranean) shall be the obligation of Shapiro. All such costs are inclusive of the Contractor's basic fee. 1 .7 The City warrants the accuracy of any information supplied by it to Shapiro. The City acknowledges that Shapiro will not verify the accuracy of such information, and agrees that Shapiro is entitled to rely upon any such information so supplied. The City shall immediately notify Shapiro in writing of any data, information or knowledge in the possession of or known to the City relating to the subsurface conditions existing at the Site and shall provide Shapiro with the location, of any and all known utilities or structures existing upon the Site. - 2 - 1 .8 Shapiro shall be responsible for its activity and that of its employees on the Site. This shall not be construed to relieve the City, its general contractor or any subcontractor of their obligation to maintain a safe jobsite. Neither the professional activities nor the presence of Shapiro or its employees and subcontractors shall be understood to control the operations of others, nor shall it be construed to be an acceptance of the responsibility for jobsite safety. 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 Shapiro 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 Shapiro upon 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, Shapiro shall complete the work as required under this Agreement. In the event this Consultation Agreement is terminated prior to completion, original copies of Shapiro's reports, drawings, prints, plans, field notes, specifications and any and all other documents and recordings prepared by Shapiro pursuant to this Agreement shall be delivered to the City of Kent upon its written request at no further cost to the City- - 3 - 2.4 In the event this Agreement is terminated prior to completion of work, a final payment shall be made to Shapiro. This final payment, when added to all payments previously made, shall compensate Shapiro 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 Shapiro an amount based on the attached "Schedule of Fees", incorporated by reference herein. Billing rates are adjusted annually beginning June 1 of each year. 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 $9,905.00 without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. Shapiro shall not be required to furnish services or incur expenses for which the total charges to the City exceed this maximum amount. However, the City reserves the right to direct Shapiro's compensated services under the priorities set forth in the Scope of Work provisions below before reaching the maximum amount identified above. 3.3 In the event that Scope of Work is modified or changed so that more or less work or time is required by Shapiro, and such modification is agreed to by the City and Shapiro, the payment for services and maximum contract amount shall be adjusted accordingly upon agreement of the parties. 3.4 Shapiro 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 Shapiro 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. - 4 - 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 ( 1-112%) 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 1-112% percent 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 The event of delays or failures of performance of Shapiro caused by circumstances beyond its control as agreed to by the City, Shapiro's fee or maximum fee established under this Agreement and time allowed for performance shall be equitably adjusted, and such delays or failures shall not constitute a default or give rise to any claim against Shapiro. 3.6 Records of reimbursable expenses and 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. ARTICLE 4 - PRIORITIZED SCOPE OF WORK 4. 1 Subject to Paragraph 3.3 above relating to the maximum amount to be paid to the client under this Agreement which shall not exceed $9,905.00 without the prior written authorization of the City, the City and Shapiro agree that Shapiro shall provide environmental consulting and planning services to the City in meeting the requirements of the Washington State Environmental Policy Act, RCW 43.21C (SEPA) as follows: - 5 - 4.1 .1 This scope of work is subject to the terms and conditions of Kent City Code Chapter 12.12A9, RCW 43.21C, and WAC Chapter 197-11 . 4.1 .2 Shapiro will perform all services and carry out all work necessary to prepare, and shall prepare, an expanded environ- mental checklist as required by the City. Initially, Shapiro shall coordinate with the City and other agencies having jurisdiction over all aspects of the project in identifying environmental impacts and refine and reduce to writing its level of analysis for each element of the SEPA checklist as provided for in WAC 197-11-960 as may be amended by the City of Kent. 4.1 .3 Shapiro shall obtain data and information available from the City relating to its Water System Plan, geotechnical reports, and other applicable water system information, including data contained in other City of Kent and King County plans. Shapiro shall secure additional projects, specific data, water system planning information, and other environmental information necessary to perform a detailed level of analysis for each element of the SEPA checklist. Shapiro shall coordinate with other federal , state, and local agencies, including but not limited to A-95 Clearinghouse members, the Washington State Office of Archaeology and Historic Preservation relating to site specific information. 4.1 .4 Shapiro shall provide a detailed analysis of checklist elements which shall be expanded to reflect additional coordination and level of analysis incorporated into the checklist preparation. Mitigation measures shall be identified, as necessary, to reduce or eliminate project impacts. Any "expanded" checklist shall constitute a predraft and confidential checklist for review by the City prior to the formal preparation of an environmental checklist prepared under WAC 197-11-960, as may be amended by applicable local requirements. Such analysis shall contain the following information: - 6 - Elements of the Expanded Environmental Checklist A. Project Background. This section will include the project objectives, site location, route evaluation criteria, and description of the proposed route alignment. The construction and operation scheduled will be discussed. Major physical and engineering aspects will be identified. For specific, key areas of the project (e.g., "the ponds" ), the City of Kent will provide a written, detailed description of the process used to identify, screen and refine the alignment. The relationship of the proposal to existing plans and policies of Kent and King County will be addressed; government approvals or permits that will be required will be identified. B. Earth. Existing topography and areas of proposed cuts will be identified. The analysis will focus on soil stability, erosion potential , and potential fill requirements associated with the ponds in the proposed right-of-way. As possible, we will rely on the geotechnical report prepared by GeoEngineers. C. Air. The emissions generated by construction vehicles and fugitive dust from construction activities will be discussed briefly. D. Water. Surface water drainage characteristics and groundwater conditions will be discussed. Water quality and quantity impacts from project construction (short-term) and project operation (long-term) will be evaluated qualitatively. Measures to reduce erosion/sedimentation will be described. Effects of potential dredge and fill operations associated with the ponds and wetlands in the proposed right-of-way will receive (expanded) discussion. - 7 - C�� E. Plants. On-site vegetation types and habitat will be identified and , especially with regard to the ponds, wetlands, and riparian areas; project impacts will be evaluated in terms of habitat modification. F. Animals. Use of the site by wildlife and the value of affected habitat types will be discussed. Stream values and potential fisheries use of Soosette Creek will be evaluated. G. Energy and Natural Resources. The use of fossil uels by construction equipment will be discussed bri ly. H. Environmental Health. The potential effects of construction noise on residences and businesses, especially along S.E. 282nd St. and 132nd Ave. S.E. , will be discussed. Noise estimates for construction equipment will be cited to the extent that they are applicable to this project. This element will also identify and describe risks or hazards associated with the project, such as fuel spillage when servicing construction vehicles. I . Land Use. Surrounding land uses will be identified, and consistency with existing and proposed uses will be addressed. The issue of growth induced by the enhanced water supply system will also be discussed briefly. J. Housin . It is anticipated that the project will not directly affect housing. K. Aesthetics. It is anticipated that the project will have minimal long-term effects on aesthetics. L. Light and Glare. It is anticipated that the project will not affect light and glare. - 8 - M. Recreation. Existing parks and recreation facilities in the project vicinity will be identified. Changes in recreational opportunities associated with the project will be discussed. N. Historic and Cultural Preservation. The State Office of Archaeology and Historic Preservation will be contacted. No field survey is anticipated. 0. Transportation. Existing traffic and access in the project vicinity will be characterized. Construction traffic will be described in terms of estimated vehicle trips per day. Potential delays and detours will be identified, especially along 124th Ave. S.E. and 132nd Avenue S.E. These estimates will be based on comparable construction projects. P. Public Services. Existing emergency services and vehicle access requirements will be identified. Construction-related impacts on response times will be discussed. Q. Utilities. Existing public utilities along the proposed alignment will be identified. Potential effects of the project and construction on existing and proposed gas lines, electricity, communications, water, and the sewer system will be discussed. 4. 1 .5 Shapiro will conduct one meeting (if required by the City) with affected federal , state, and local agencies prior to submitting the Draft Expanded Environmental Checklist to the City. The purpose of such meeting would be to review the proposed Kent Springs Water Transmission Main project with such agencies, to determine their concerns, if any, as early as possible during the initial environmental analysis. Where concerns or issues are expressed, Shapiro will document these for the City and shall coordinate with the City and the concerned agency to develop acceptable mitigation measures which could later be applied in order to eliminate or reduce adverse environmental impacts. Such - 9 - agencies could include but are not limited to the City of Kent Department of Public Works and Planning, United States Army Corps of Engineers, Washington State Departments of Ecology, Fisheries, and Game, King County Divisions of Building and Land Development, Surface Water Management, and Community Planning, King County Soos Creek Basin Planning Team, and others that may be suggested by the City of Kent. In addition, Shapiro shall visit the proposed Kent Springs Water Transmission Main site areas along the proposed right-of-way, including such areas as the ponds south of S.E. 274th Street, wetlands adjacent to 124th Avenue S.E. , and the proposed crossing of Soosette Creek along 132nd Avenue S.E. 4. 1 .6 If requested by the City of Kent, Shapiro shall assist the City in one informal meeting with affected property owners and citizens prior to the City's issuance of an environmental checklist required under WAC 197-11-960 and Kent City Code Section 12. 12A.230 and other local SEPA requirements by affected local jurisdictions. The purpose of this meeting will be to provide citizens with an initial overview of the Kent Springs Water Transmission Main Project and possible mitigation measures, to explain the SEPA process and schedules of review for the issuance of a later environmental checklist, to receive input from attendees and to identify their concerns. 4.1 .7 Shapiro shall submit to the City a tentative schedule of proposed work which may be adjusted by the City depending upon the progress of the City's planning and decision-making process, including the City's acquisition of necessary permits and clearances required for project construction. Such tentative schedule should include proposed project startup, alignment, walk-through with the City, meetings with the City of Kent and other public agencies, submission of an expanded environmental checklist to the City, open house for public input, completion of review for preparation of environmental checklist required by the - 10 - City and other jurisdictions, and revision of checklist in response to City comments. 4. 1 .8 Shapiro agrees to provide other environmental documents, including but not limited to an environmental impact statement if otherwise required by affected jurisdictions. 4.1 .9 Shapiro shall obtain a description of the project site, and examine any proposed site plans from the City which Shapiro shall be entitled to rely upon for completeness and accuracy. Shapiro shall obtain any copies of other studies produced by other consultants relevant to the environmental checklist and such other information which Shapiro has in its possession or constructive control which is relevant to the preparation of the environmental checklist and any other required environmental documents by the City. In the event that an environmental impact statement is required to be prepared under applicable SEPA regulations, City of Kent requirements, or affected jurisdiction requirements, a revised scope of services shall be prepared and agreed to between the parties. 4. 1 .10 Shapiro shall notify the City of all correspondence and discussions with third parties by providing copies of correspondence and memos, including notes from third parties who are not participants in meetings with the City of Kent. - 11 - ARTICLE 5 - CONTRACT REPRESENTATIVES 5.1 The following authorized representatives are hereby designated as contact persons for administration of this Engineering Agreement: Shapiro: Glenn Bachman, Vice President Planning City: Donald E. Wickstrom, Director of Public Works Department or designate 5.2 Communications and contacts with the City or Shapiro hich affect contract terms contract cost, fee, schedule, scope of services or other and conditions shall be made only with the contacts named above. No changes to this contract will be binding upon the City or Shapiro unless incorporated in a written modification to the contract and signed byedboth parties. The effort set forth in the Scope of Work shall b p under the general direction of the City's representatives described above and in a manner consistent with accepted practices. Any communications in the technical direction which shall affect the Scope of Work be submitted by Shapiro to the City in writing. When in Shapir 'sopinion, any directive from the City constitutes a change to this Agreement, the City shall be notified immediately for authorization of any such change. Shapiro shall perform in accordance with this Agreement as written until such authorization for change is granted by the City's contractual to representative. Any such additional services resulting a 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. Shapiro agrees to comply with all applicable provisions of any federal , state or local law or ordinance, including any orders, rules and regulations issued thereunder. - 12 - ARTICLE 7 - EQUAL OPPORTUNITY 7.1 Shapiro 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 C tl�m 8.1 Shapiro shall carry insurance coverage in the amount of Vie-hundred thousand dollars ($200,000.00) 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. 8.2 Shapiro agrees to defend, indemnify and hold harmless the City, i 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 Shapiro 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 Shapiro 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 Shapiro, its partners, officers, employees and subcontractors from all claims, expenses and liability, following operation of applicable rights of contribution, to the extent caused by negligent acts, errors or omissions of the City and its employees, including any claims made by employees of the City. 8.3 Shapiro shall maintain comprehensive general liability insurance covering the work to be performed under this Agreement with limits of at least one million dollars ($1 ,000,000) . - 13 - 8.4 Shapiro 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 Shapiro shall be Shapiro's opinion based upon its professional judgment and experience. Shapiro makes no other representation or warranty, express or implied. 8.5 Certified copies of insurance certificates providing for required coverage shall be submitted to the City Clerk no later than one month following execution of this Agreement. 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 Shapiro 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. - 14 - ARTICLE 10 - PUBLIC INFORMATION 10.1 Shapiro shall not issue any statements or other releases of information for public dissemination without the prior approval of the City of Kent. IN CONSIDERATION OF THE FOREGOING TERMS AND CONDITIONS, THE PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE CITY OF KENT SHAPIRO & ASSOCIATES 220 Fourth Ave. S. Kent, Washington 98032 r` By: DAN KELLEHER, MAYOR O�C ER Approved as to form: By: SAN A S LL, CI ORNEY 3541L-12L - 15 - III . PROPOSED SCHEDULE AND BUDGET A. SCHEDULE A tentative schedule for our proposed work is shown in Table I. This schedule corresponds to the project requirements to issue the SEPA checklist by mid February so that construction can begin by mid July. Table I SCHEDULE Estimated Task Co�letion Date 1. Project start-up January 11 2. Alignment walk-through with City January 14 3. Scoping meeting with City of Kent and January 26 other public agencies (if required) 4. Submission of preliminary checklist February 2 to City of Kent 5. Open house for public input February 9 6. Completion of review of preliminary February 11 checklist by City of Kent 7. Revision of checklist in response to February 16 City comments We are confident that we can meet the proposed schedule providing the scoping meeting is scheduled as planned, the City review period proceeds as anticipated, and all detailed project data are available on the start date. We will do everything within our power to ensure the timely delivery of our report. B. BUDGET Table II shows our fee estimate for direct labor and expenses over the course of the project. Our fee estimate is based on a detailed, thorough document and assumes much of the data is readily available from previously cited documents and from the City and design engineers. We would be glad to discuss the budget estimate and to refine it if a different level of detail is required than we have specified here. We will bill as time and materials against a maximum "not to exceed" figure which will be based on our specified scope of work. SHAPIRO& ASSMUES% m m > 9m f S. 2 £ p ; 2 = E q;� a R 6 S@ = Gq a _ _ 25111 , :s = :& o � ! - a , � !. § )0 \ � 3 ® D a ƒ I m , ;S @ E S |2 ■_ ;e $ a & a p 2 E § " ° E s I 0 \ \ \ \ ° / © s ® + i 3)2 CD CD \ k \ 2 a i ® ® E m 0 g ° « ) c 7 m / / � § CD 2 7 ƒ V CL ƒ §. + 9 / ' ° - ) _ ..... a, 77 .a... . . . _ / $ / n 0 2 e ( m w : \ \ i m )� Z, COCD / § o $ \ c § 0 CD / k ^ } / o o 3 - } E m : ( « CO CD K / I � ° o k CL CD § m i 0 CS ƒ ! m § |G G - - _ - ID ■ � a[- ! OD _.__ - _:. e .._:.. . ..:. . \ m / a) OD } | O } y # I \ S \ / 7 n / |_ f (f f ($ )l� _ _ \ !o o ,m \