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HomeMy WebLinkAboutCAG1987-016 - Original - R.W. Beck and Associates - Hytek Finishes Company RCRA Site Clean Up - 08/25/1987 E t CE9YECONTRACT FOR CONSULTING SERVICES D �r ti 1 7587 BETWEEN THE CITY OF KENT AND CITY OF KENT R. W. BECK AND ASSOCIATES CITY CLERK ARTICLE 1 - RELATIONSHIP OF THE PARTIES AND GENERAL PROVISIONS 1 .1 The City of Kent , Washington, a municipal corporation, hereinafter refer- red to as the "City" , desiring to seek consulting and other services relating to the technical scope of work requirements and detailed work plans for the cleanup of the Hytek Finishes Company RCRA site located in the City of Kent for assessment of short- to long-term impacts upon the City of Kent , employs R. W. Beck and Associates, a partnership, herein- after referred to as "R. W. Beck" , to perform the scope of work described herein. All work shall be done following consultation with the Directors of the Department of Public Works and Department of Planning. The City acknowledges that R. W. Beck is a partnership and R. W. Beck and Asso- ciates, Inc. is a corporation owned and controlled by R. W. Beck. Both entities are organized and operated under the laws of the State of Wash- ington. It is agreed that R. W. Beck may be changed by addition or reduction in the number of the partners or redistribution of the partner- ship interests and this Agreement may be assigned to the partnership or to the corporation. R. W. Beck may assign the compensation from this Agreement to any other entity. The term "R. W. Beck" is defined to include its partners, officers, employees and subcontractors. 1 .2 The parties to this Agreement recognize that R. W. Beck's services shall constitute consulting engineering services only and not day-to-day proj- ect management services for the onsite cleanup of the Hytek Finishes -1- site. R. W. Beck's services are advisory to the City and include those identified in the Scope of Work provisions in Article 4 below relating to oversight of the Hytek Finishes Company cleanup conducted pursuant to a RCRA Closure Plan, Phase I (surface impoundments) , Phase 11 (solid waste management units) , and various EPA orders. 1 .3 The parties to this Agreement each bind themselves, their partners, suc- cessors, executors, administrators, and assigns to the other party to this Consulting 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 R. W. Beck, including agents and subcontractors, under this Agreement shall be the property of the City. R. W. Beck may retain copies at its own cost for its own use throughout the period of this Agreement . Any computer data and files created by R. W. Beck under this Agreement also constitutes property of the City and shall be stored at R. W. Beck's office in Seattle, Washington and made available upon reasonable request to 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. -2- 1 .5 The City and R. W. Beck agree that in all matters relating to this Agree- ment , the City and R. W. Beck 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 R. W. Beck to represent the interests of the City of Kent at meetings and interagency briefings in performing duties under the Scope of Work provisions below. R. W. Beck shall be consultant and advisor to the City and shall not be an employee of the City. ARTICLE 2 - CONTRACT PERIOD 2.1 It is the intent of the parties that the consultation services provided in this Agreement shall continue for the duration of cleanup activities at the Hytek Finishes Company site in Kent . However , continued contractor services shall be reviewed by the City on an annual basis consistent with the City's review of annual permit applications submitted pursuant to Kent City Ordinance 2718. This Agreement for consulting services between the City and R. W. Beck shall begin on August 25, 1987 and expire on August 25, 1988. Upon thirty days' written notice by the City of Kent , the City is permitted to request a contract extension for succeeding per- mit years. -3- 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 Arti- cle, the City of Kent agrees to pay R. W. Beck 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 member or partner of R. W. Beck, the surviving members shall complete the work as required under this Agree- ment . In the event this Consultation Agreement is terminated prior to completion during any permit year, the original copies of R. W. Beck's reports, drawings, prints, plans, field notes, specifications and any and all other documents and recordings prepared by R. W. Beck pursuant to this Agreement shall be delivered to the City of Kent upon its written request . 2.4 In the event this Agreement is terminated prior to completion of work, a final payment shall be made to R. W. Beck. This final payment , when added to all payments previously made, shall compensate R. W. Beck for all services rendered and incurred to the effective date of such termina- tion. -4- ARTICLE 3 - PAYMENT FOR SERVICES 3.1 For services furnished, the City of Kent shall pay R. W. Beck on submis- sion of monthly invoices an amount equal to the actual hours of service furnished multiplied by the product of the consultant 's established hourly billing rates which shall include all allowances for personal benefits, overhead, and professional fees as provided in Exhibits "A" , "B", and "C" incorporated by reference herein. 3.2 The City shall reimburse R. W. Beck on a monthly basis for out-of-pocket expenses directly chargeable to the Scope of Work at a cost plus ten per- cent for services of special consultants and subcontractors approved by the City of Kent . Any additional expenses of R. W. Beck for computer and reproduction services shall be charged at then existing rates . Reimburs- able expenses include actual expenses made by R. W. Beck in the interest of the project and include transportation and living expenses in connec- tion with travel outside of the Puget Sound region authorized by the City; postage and handling of drawings and specifications requested by the City of Kent ; overtime work requiring higher than regular rates if requested by the City of Kent ; and any applicable state or local taxes imposed on services. 3.3 On the basis of the Scope of Work outlined and prioritized in Article 4 below, the estimated total amount to be paid by the City for services furnished and expenses reimbursed for the 1987 permit year will be approximately ten thousand three hundred dollars ($10,300) in U.S. cur- rency. -5- 3.4 In the event that Scope of Work is modified or changed so that more or less work or time is required by R. W. Beck, and such modification is agreed to by the City and R. W. Beck, the payment for services and maxi- mum contract amount shall be adjusted accordingly upon agreement of the parties. 3.5 Payment to R. W. Beck for services shall be due upon receipt of R. W. Beck's monthly invoice. If payments are not made within thirty (30) days after the date of receipt of the invoice by the City of Kent , a service charge of 1-1/2 percent (1 .5%) per month or the maximum rate per- mitted by law, whichever is less, shall be paid on any unpaid balance. 3.6 In the event of a dispute concerning the amount of payment required to be paid to R. W. Beck and upon notification by the City wherein the City has not approved any claimed reimbursable expenses, claimed basic services, or claimed additional services , a service charge of 1-1/2 percent (1 .5%) per month as provided for in Article 3.5 above shall not be charged on any unpaid balance which is the subject of the dispute. 3.7 No deductions shall be made from R. W. Beck's compensation other than those for which R. W. Beck is held legally Iiable by a court of competent jurisdiction. In the event of delays or failures of performance of R. W. Beck caused by circumstances beyond its control as agreed to by the City, R. W. Beck'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 R. W. Beck. -6- 3.8 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 to the City or the City's authorized representative at a mutually convenient time. ARTICLE 4 - SCOPE OF SERVICES 4.1 The City and R. W. Beck agree that R. W. Beck shall provide consulting engineering and planning services to the City of Kent to ascertain impacts upon the City's municipal services and facilities caused by cleanup and restoration of the Hytek Finishes Company RCRA site and determine the short- and long-term costs of mitigating such impacts and expenses as described more particularly in Articles 4.1 .1 and 4.1 .2: 4 1 .1 GENERAL SCOPE OF SERVICES The work anticipated includes providing consulting services to ascer- tain short-term and long-term impacts to the municipality of the City of Kent including impacts upon the municipal facilities and services, cost of such impacts, and methods of recovering such costs. The par- ties to this Agreement acknowledge that the City does not regulate in any fashion hazardous waste cleanup activities occurring at the Hytek Finishes Company RCRA site. The parties recognize the City of Kent's role in providing review and comment of detailed work plans submitted -7- to the Responsible Governments for their approval by the Hytek Fin- ishes Company. The following work undertaken by R. W. Beck is intended to advise the City of cleanup activities occurring at the Hytek Finishes Company site and to assist the City so that it may better assess impacts of the cleanup upon the City and in providing for requirements in issuance of municipal permits. The parties acknowledge that neither the City nor R. W. Beck is responsible for cleanup methods, operations, design, safety, or construction related to the project which is controlled by the Responsible Governments and Hytek Finishes Company. The City's role for purposes of the cleanup at the Hytek site is reserved to an evaluation of the cleanup and impacts upon water supply and distribution, sewage service, surface water drainage, transportation, police, fire protection, and land use. Both parties recognize that R. W. Beck is not involved in the planning or decision making at the Hytek site which is being under- taken by the Responsible Governments and Hytek Finishes Company. With respect to the City of Kent's interests, it is anticipated that R. W. Beck's work will be focused in the following areas: A. R. W. Beck will attend technical meetings conducted by the Hytek Finishes Company or the Responsible Governments. R. W. Beck shall present the concerns of the City of Kent as may be directed by the City to the Hytek Finishes Company or Responsible Govern- ments regarding potential cleanup impacts upon the City's munici- pal services so that resolution of any municipal concerns can be -8- made at the technical level prior to finalization of detailed "Closure Plans" . B. R. W. Beck will provide and advise the City with its review and comments on draft "Closure Plans" for the City's submittal to the Responsible Governments during the plan comment period. C. R. W. Beck will review any permit applications submitted to tl-e City under Ordinance 2718 and provide comments together with rec- ommended actions and conditions to protect the City's municipal services and facilities. In performing this work, R. W. Beck will use its best efforts based upon information currently available to the engineering community to assess site cleanup activity impacts upon the City's municipal serv- ices and facilities. 4.1 .2 SERVICES TO BE FURNISHED BY THE CONSULTANT In order of the following priority: A. Provide public and intergovernmental relations assistance. 1 . Meet with City staff to ascertain concerns. 2. Develop an emergency action plan in consultation with the City. This will include an assessment of air quality impacts if requested by the City. -9- 3. Participate and represent City at Hytek/Responsible Government technical sessions and site briefings. R. W. Beck shall when necessary present the City's concerns as to cleanup of the Hytek Finishes Company site to the Responsible Governments and to other persons or entities when directed by the City. 4. Brief City staff and City Council as to site activities and recommendations. 5. Prepare and disseminate information for City release to the general public by assisting the City's Community Relations Specialist in coordinating current information about site cleanup activities provided by Hytek Finishes Company or the Responsible Governments and information obtained by R. W. Beck during technical briefings. This work task recognizes that the Responsible Governments have primary responsibility for all public relations associated with site cleanup activities. 6. Provide a central point of follow-up contact for citizen con- cerns. B. Determine short-term impacts to City of Kent municipal facilities and services caused by site construction activity and cleanup actions on and off site. The anticipated work covers the following tasks: 1 . Review and assess requirements and adequacy of background infor- mation provided by Hytek Finishes Company and Responsible Govern- ments related to anticipated site cleanup activity. -10- 2. Review detailed "Closure Plans" submitted for Responsible Govern- ment approval by Hytek Finishes Company, and provide recommenda- tions to the City on response to Plans. For example, R. W. Beck's review and assessment may include an evaluation of the efficiency or effectiveness of methods proposed by Hytek Finishes Company for removal and detoxification of hazardous wastes associated with the Hytek site. Such assessments shall be in accordance with Article 1 .2 and will be for the sole use of the City. 3. Provide construction monitoring at the site if requested by the City. 4. Determine short-term and long-term cost impacts to any municipal utility system damaged or affected by the cleanup of the site, including examination of Hytek's permit applications to the City pursuant to Ordinance 2718. Recommend to the City acceptable methods of cost recovery and impact mitigation; inspect , and test any repaired utility if requested by the City. 5. Advise the City as to actual or anticipated costs to be recovered through Ordinance 2718 in an Annual Report . 6. Provide documentation of all elements of the Consultant's work. C. Recommend groundwater and land-use restrictions for surrounding areas of the Hytek Finishes Company site including reviewing adequacy of emergency response plans prepared by Hytek Finishes Company or Responsible Governments, and developing information to the public for development or activities in or near the cleanup site. -11- D. Prepare an Annual Report to the City Administrator on the status and adequacy of cleanup of the Hytek Finishes Company RCRA site, includ- ing an estimate of anticipated City and consultant expenses for the subsequent permit year under Oordinance 2718. E. Determine long-term impacts on City of Kent municipal facilities and services caused by site cleanup and restoration activity, and long- term maintenance of restored site. ARTICLE 5 - CONTRACT REPRESENTATIVES 5.1 The following authorized representatives are hereby designated as contact persons for administration of this Consulting Agreement : R. W. Beck: John W. Buckley - Project Manager and alternate contacts Franchot Fenske and Nan Nalder City: Donald E. Wickstrom, Director of Public Works Dept . Gary M. Gill , City Engineer Jim Harris, Director of the Department of Planning Norm Angelo, Chief of the Kent Fire Department Sandra Driscoll , City Attorney -12- 5.2 Communications and contacts with the City or R. W. Beck 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 R. W. Beck 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 per- formed 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 Services shall be submitted by R. W. Beck to the City in writing. When in R. W. Beck's opinion, any directive from the City constitutes a change to this Agreement , the City shall be notified immediately for authoriza- tion of any such change. R. W. Beck shall 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. R. W. Beck agrees to comply with all appli- cable provisions of any federal , state or local law or ordinance, includ- ing any orders, rules and regulations issued thereunder. -13- ARTICLE 7 - EQUAL OPPORTUNITY 7.1 R. W. Beck 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. R. W. Beck shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their age, race, color, sex, or national origin, marital status or the presence of any sensory, mental or physical handicap. ARTICLE 8 - CONSULTANT DUTIES 8.1 R. W. Beck shall carry full insurance coverage in the amount of five hun- dred thousand dollars ($500,000.00) on maps, drawings, specifications , computer files and other valuable information against loss by fire, dam- age, 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 R. W. Beck agrees to 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 what- soever, arising -as a result of R. W. Beck employees' or third parties' claims of alleged personal injuries, death, or damage to their persons or -14- property arising out of the negligent acts, errors, or omissions of R. W. Beck and/or its agents, subcontractors, employees, or representa- tives. The City of Kent agrees to indemnify and hold harmless R. W. Beck, its partners, officers, employees and subcontractors from all claims, expenses and liability, following operation of applicable rights of con- tribution, arising out of negligent acts, errors or omissions of the City and its employees, including any claims made by employees of the City. For amounts in excess of any proceeds of insurance required to be main- tained by R. W. Beck under Article 8.3 of this Agreement relating solely to comprehensive general liability insurance, the City shall indemnify R. W. Beck, its partners, officers, employees and subcontractors against all expense or liability of any kind arising out of any claim for loss of life, bodily or personal injury, property damage or other loss from any cause related to the furnishing of services covered by this Agreement ; provided, however, that this indemnity shall not apply to the sole negli- gence of R. W. Beck. 8.3 R. W. Beck shall maintain comprehensive general liability insurance cov- ering the work to be performed under this Agreement with limits of at least five million dollars ($5,000,000) and professional liability insur- ance of one million dollars ($1 ,000,000) . A certificate of insurance as evidence of coverage will be provided to the City. The City will be pro- vided notification of any changes to the said certificate within fifteen (15) days of change. -15- 8.4 R. W. Beck 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 R. W. Beck shall be R. W. Beck's opinion based upon its professional judgment and experience. R. W. Beck makes no other representation or warranty, express or implied. 8.5 Certified copies of insurance certificates providing for required cover- age shall be submitted to the City Clerk no later than one month following execution of this Agreement , if requested by the City. 8.6 The City agrees that R. W. Beck shall not be responsible for the safety of any person at the Hytek Finishes Company site except for the safety of R. W. Beck's employees, agents, and contractors. The City of Kent agrees that R. W. Beck is not responsible for providing or assuring a safe place for the performance of its duties under this Agreement , for safety pre- cautions, and programs or equipment . ARTICLE 9 - CONTRACT INTERPRETATION AND DISPUTES 9.1 Any dispute arising under this Agreement shall be determined by arbitra- tion 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 -16- 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 R. W. Beck 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. ARTICLE 10 - PUBLIC INFORMATION 10.1 R. W. Beck shall not issue any statements or other releases of information for public dissemination without the prior approval of the City of Kent . -17- IN CONSIDERATION OF THE FOREGOING TERMS AND CONDITIONS, THE PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE AUGUST 25, 1987. CITY OF KENT R. W. BECK AND ASSOCIATES 220 Fourth Ave. S. Fourth & Blanchard Building Kent , Washington 98032 2121 Fourth Avenue Seattle, Washington 98121 By: �-- �. By: DAN ELLEHER, MAYOR PARTNER Approved as to form: SANDRA DRI C LL, CITY ATTORNEY Attest: Marie Jen n ity Clerk -18- EXHIBIT B CITY OF KENT HYTEK RCRA SITE CLEANUP AND RESTORATION BILLING RATES R. W. Beck and Associates Hourly Rate Grade 10 Executive Engineer 107 9 Executive Engineer 94 8 Principal Engineer 75 7 Supervising Engineer 60 6 Senior Engineer or Senior Technician 50 5 Engineer of Word Processing 42 4 Junior Engineer or Clerical 34 3 Clerical 26 Converse Consultants Northwest , Inc_ Principal 105 Principal Engineer or Geologist 95 Senior Engineer or Geologist 78 Project Engineer or Geologist 66 Staff Engineer or Geologist 54 Word Processing and Clerical 36 Senior Technician or Drafter 49 Technician or Drafter 40 Junior Technician 29 Bell Walker Engineers Principal 70 Senior Engineer 63 Engineer 48 Technician 30 McConnell/Burke Partner 65 Associate Planner 35 Secretarial 27 f EXHIBIT C CITY OF KENT HYTEK RCRA SITE CLEANUP AND RESTORATION ESTIMATED BUDGET Estimated Estimated Task Hours Cost 1 . Project Management . . . . . . . . . . . . . . 6 $ 540 2. Attendance at Technical Briefings 50 4,500 3. Review Work Plans/Permits . . . . . . . 50 4,500 4. Documentation 12 760 10,300