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HomeMy WebLinkAboutPL06-254 - Original - ESA Adolfson, Inc. - Kent Event Center Wetland Delineations - 10/03/2006 KENT was"I"G,o1 CONSULTANT SERVICES AGREEMENT between the City of Kent and ESA Adolfson, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ESA Adolfson, Inc organized under the laws of the State of Washington, located and doing business at 5309 Shilshole Avenue NW, Suite 200, Seattle, WA 98107 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Conduct wetland delineations on a 16-acre parcel proposed for a Kent Event Center and prepare a wetland report based on Consultant's findings in accordance with the September 19, 2006, Scope of Work, a copy of which is attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I July 31, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $6,000 for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT- 1 (Under$10,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily Injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement CONSULTANT SERVICES AGREEMENT-2 (Under$10 000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement D Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3)business days after 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. E. Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent CONSULTANT SERVICES AGREEMENT-3 (Under$10,000) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: CITY: ESA ADOLFSON, INC. CITY OF KENT: By: (rignature) (signature) Print Name: G i�y� �� �'^ Print Name: Fred Satterstrom Its: (J(,�¢ Its: Community Development Director (Title) (Title) DATE: /0- d-1- 0 4 DATE: /0 - 9- 0-(o NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Adam Merrill, Project Specialist Ms Kim Marousek ESA Adolfson, Inc. City of Kent Community Development 5309 Shilshole Avenue NW, Suite 200 Planning Services Division Seattle, WA 98107 220 Fourth Avenue South Kent, WA 98032 (206) 789-9658 (telephone) (253) 856-5454 (telephone) (206) 789-9684 (facsimile) (253) 856-6454 (facsimile) r,o.mvn�,o�vi�iwi tsc emusmc�raaor CONSULTANT SERVICES AGREEMENT-4 (Under$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, h it national origin, age, or the presence of all sensory, mental or physical sical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By sigmn below, I agree to fulfill the five requirements referenced above. Kcfo Dated this — day of �� �' P'� , 200 (. By: 47 O S lit 14�E � For: Fi Title: Date- 1/0 EEO COMPLIANCE DOCUMENTS- I CITY OF KENT ADMINISTRATIVE POLICY NUMBER- 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: I. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the Crty's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ B : Y For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 it 5309 Shilshole Avenue NW wwv�adolfson coin ESA A d o l f s o n Suite 200 Seattle,WA 98107 206 789 9658 ohme 206 789 9684 fax September 19, 2006 Kim Marousek City of Kent Planning Services 220 4`h Avenue South Kent, WA 98032 RE: Wetland Investigation and Report—Kent Event Center,City of Kent, Washington Dear Kim- ESA Adolfson is pleased to present this scope of work and fee estimate to City of Kent Planning Services for a wetland investigation in support of the proposed Kent Event Center in the City of Kent, Washington The wetland delineation will be conducted at the existing Commons Playfield site. The playfield is located south of SR 167, and northwest of the intersection of W James Street and 5 h Avenue N. This scope of work is based upon information provided by the City. A detailed cost estimate spreadsheet is attached, which outlines estimated hours,hourly rates, and direct costs. The following two tasks are outlined in this scope of work. Task 1 —Wetland Delineation ESA Adolfson will conduct wetland delineations on the approximately 16-acre parcel. We have scoped two eight- hour days of fieldwork for a team of two to three wetland biologists. Field determination of wetlands will follow the federal requirements and state methodologies outlined in the Washington State Wetlands Identification and Delineation Manual(Washington State Department of Ecology, Ecology Publication#96-94, March 1997) We will also rate the wetlands based upon the City's adopted wetland rating system. Task 1 does not include a professional survey of our wetland delineation flags. ESA Adolfson assumes that others will be responsible for the survey. However, we will provide the surveyor with a rough field sketch for locating the flags and coordinate with the surveyor. Based upon conversations with City of Kent staff, we assume that approximately one acre of wetland is present on the playfields property If the field investigation determines that significantly more than one acre of wetland is present on the property,than a budget addendum may be required to cover the cost of additional day(s) of field work Task 2—Prepare Wetland Report ESA Adolfson will prepare a wetland report based on our findings to meet the requirements of the Kent City Code, Chapter 11 06 adopted on August 15,2006 The report will describe methods used to determine the location and extent of wetlands, address wetland characteristics (vegetation, soils, and hydrology), and present regulatory requirements associated with development in wetlands and wetland buffers The regulatory section will present wetland classifications based on the City of Kent Critical Area Ordinance We will mention any wildlife observed on the site and will include the wetland survey drawing (to be provided by the City of Kent) in the report The report can be submitted to regulatory agencies for permitting purposes . r FSAAdolfson J Name of recipient Date Page 2 Cost Estimate We estimate that the cost for conducting the two tasks described above to be $5,995 You will be billed on a time- and-materials basis, and we will not exceed this cost estimate without prior written approval from the City of Kent Schedule We understand that you would like this work conducted in a timely manner We can complete the field work(Task 1)by Friday, September 29, assuming that no more than two days of field work are required, and we receive authorization from you to proceed by Wednesday, September 27. We will complete the report within two weeks of receiving the wetland survey drawing. Thank you for the opportunity to provide you with this proposal We look forward to working with you on this project, I will serve as the project manager for this project. If you have any questions about this scope of work, feel free to contact Teresa Vanderburg or me at 206-789-9658 Sincerely, ES ADOLFSON a errill Project Scientist A O O L F S O N 5309 Shilshole Avenue NW,Suite 200 - Seattle,WA 98107 Project Title: Kent Events Center Project No.: 26125.00 Date: 09/19/05 Task 1 Wetland Delineation Staff Hours Direct Labor Rate Total Principal 400 $50 00 $200 Senior Scientist 000 $32 00 $0 Project Scientist 1600 $20 00 $320 Staff Scientist 1600 $18 00 $288 Graphics 000 $18 00 $0 Admin Assistant 000 $25 00 $0 Total, Direct Labor $808 Overhead 19016 $1,536 Fee 15% $352 Total Labor this task $2,696 Task 2 Wetland Report Staff Hours Direct Labor Rate Total Principal 200 $50 00 $100 Senior Scientist 000 $32 00 $0 Project Scientist 2600 $20 00 $520 Staff Scientist 1000 $18 00 $180 Graphics 800 $18 00 $144 Admin Assistant 1 00 $24 50 $25 Total, Direct Labor $969 Overhead 19016 $1,842 Fee 15% $422 Total Labor this task $3,232 Total Labor Cost $5,928 Desch bon Units Cost Total Direct Costs Mileage 8000 $0 445 $36 Camera 1 00 $25 00 $25 Subtotal Direct Costs $61 Handling Fee 10% $6 Total Direct Costs $67 Total $ Cost Project 5,995 1 The above protect budget assumes s acceptance of the scope and budget within 30 days P P 9 Y Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested,has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN II. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor.