HomeMy WebLinkAboutCAG2023-463 - Original - Soundview Consultants LLC - Mill Creek Assemblage Valuation - 08/29/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form Dir Asst:
• For Approvals,Signatures and Records Management Dir/Dep:
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
WASHINGTON Sheet forms.
Originator: Department:
Rhonda Bylin ECD
Date Sent: Date Required:
c 08/30/2023 n/a
CL Director or Designee to Sign. Date of Council Approval:
CL
n/a
Budget Account Number: Grant?[:]YesZNo
10004100.64190.6100
Budget?R]Yes:No Type: N/A
Vendor Name: Category:
Soundview Consultants Contract
Vendor Number: Sub-Category:
= in process Original
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Project Name: Mill Creek Assemblage Evaluation
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1. Project Details:Anal sis of issues affecting multiple parcels to inform approach to
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= solutions
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Agreement Amount: $10 530.00 Basis for Selection of Contractor: Direct Negotiation
4)
`Memo to Mayor must be attached
11- Start Date: 8/30/2023 Termination Date: tbd
Q Local Business?F_1YesP'1No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace
Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
F1YesF]No CAG2023-463
Comments:
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Date Routed to the City Clerk's Office: Interlocal Agreement has been uploaded to website:
adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
Soundview Consultants
Environmental Assessment-Planning•Land Use Solutions
2907 Harborview Drive, Gig Harbor,WA 98335
Phone: (253)514-8952
AGREEMENT FOR CONSULTING SERVICES
Between Error! Reference source not found. and Soundview Consultants LLC
City of Kent Mill Creek
SCOPE OF WORK
Soundview Consultants LLC (Consultant), in coordination with Barghausen Consulting Engineers Inc.
(Subconsultant) is proposing to assist City of Kent (Client), in helping to identify potential options that can
address critical areas and floodplain limitations to economic redevelopment of a 16.23-acre assemblage of
properties located at 306,408,418,and 620 Central Avenue North,321,407,411,and 421 State Avenue North,
and 317, 403, and 427 East Smith Street in the City of Kent, Washington (King County Tax Parcel Number
9179601755, 9179601805, 9179601815, 9179601845, 9179601915, 9179601955, 9179601945, 9179601865,
9179601880, 9179601855, 9179601840, 9179601965, 9179601980, 9179601970, 9179602095, 9179602020,
9179602110,9179602130,9179602120 and 5385600005).
The estimated costs for each initial task,as currently understood,are outlined below.
Task 200—Desktop Evaluation and Environmental Planning Support $ 6,030.00
Task 900—Sub Contractor:Barghausen Consulting Engineers Inc. $ 4,500.00
Total Estimated Cost $ 10,530.00
Upon completion of the initial tasks outlined above, the Consultant will prepare a cost estimate and scope
amendment for any additional consulting services (e.g., technical documentation, applications, and other
services) that may be required.
Details of each initial task,as currently understood,are outlined in the following descriptions:
Task 200-Desktop Evaluation and Environmental Planning Support
The City of Kent is reviewing the redevelopment of an approximately 16-acre area within the City of Kent east
of the downtown core. As it is understood, this location has been identified as a priority economic
redevelopment area with the need to integrate solutions that protect sensitive fish and wildlife habitat,address
mapped floodplain limitations,and help enhance and protect neighboring public and non-profit facilities. This
area includes portions of Mill Creek along the eastern boundary and associated floodplain issues across much
of the site. Mill Creek is also known to have high importance to local interest groups and state agencies. The
Consultant will be working with the Subconsultant and City of Kent staff to better identify and evaluate these
redevelopment challenges in consideration site and project constraints and work to identify potential solutions
and options for this area that are not fully understood at this time. As part of the initial process,the Consultant
will collect and review publicly available remote sensing and GIS data to identify the extent of potential critical
areas (wetlands and fish & wildlife habitat) and mitigation opportunities, FEMA designated floodplain, city
infrastructure and LIDAR based topography. Consultant and Subconsultant will then utilize the data collected
to support the initial environmental planning efforts and development of regulatory compliance and flood
storage compensation strategies.As these items coalesce,the team will work to develop a number of potential
redevelopment options for the Client's use in pursing community engagement and redevelopment interest.
Such planning and support may include email correspondence, telephone communication, and coordination,
one to two in-person meetings with city staff, development of preliminary maps,and a summary memorandum
detailing the options identified.
Soundview Consultants LLC August 29,2023
City of Kent—Mill Creek Page 1 of 7
ASSUMPTIONS
The Total Cost Estimate above is based on the following assumptions:
1. The work will be commissioned under the enclosed Exhibit A:Agreement for Consulting Services (Terms
and Conditions),dated August 29,2023.
2. The work will be invoiced on a Time and Expense (T&E) basis in accordance with the Staff Billing
and Mileage Rates outlined below.
3. Consultant will conduct desktop-based background research and analysis of the subject property
utilizing historical and current aerial imagery,publicly available GIS databases,FEMA floodplain maps,
City of Kent supplied documents on current permitting documents and prior assessments (i.e. NO
Creek Dredge Project, Wetland Delineation Studies, etc.), and other resources where available. May
include one brief site inspection by the Consultant(excludes flagging);
4. Consultant will work with Barghausen Consulting Engineers to identify floodplain,wetland and stream
impact and mitigation opportunities within and adjacent to the project area.
5. Consultant will work with City of Kent and Barghausen Engineers to review current developed area
layout and potential redevelopment options to increase functionality of existing users and integrate a
balanced approach with confinements of critical areas,buffers and required mitigation.
6. Following the desktop evaluation, Consultant will provide a brief memo summarizing the extent of
critical areas; local, state, and federal critical area regulatory requirements; and recommendations to
balance improve stream function improvements with a city-led redevelopment effort on the site;
7. Planning and support may include email correspondence,telephone communication,virtual meetings,
brief site inspection and coordination with Client and Sub Contractor.
8. Barghausen Consulting Engineers Inc. (Sub Contractor to the Consultant) will provide conceptual
compensatory flood storage analysis as described in the sub-contractor proposed Scope of Work for
the subject property, a copy of which is attached as Exhibit B. An administrative execution fee of
$500.00 has been added to the estimated cost of the Sub Contractor task(s).
EXCLUSIONS
This Scope of Work excludes the following:
1. This Scope of Work does not include site survey,geotechnical analysis,preparation of formal site plans
and/or assessment reports, survey, wetland or ordinary high-water delineations, wetland ratings,
arborist services, applications, application fees, permitting, or any other tasks not explicitly stated
herein.These additional items,if necessary,may be coordinated with other parties and/or authorized
under this agreement with Consultant and Client approval.
2. Any further work will be addressed in a subsequent scope amendment.
Soundview Consultants LLC August 29,2023
City of Kent—Mill Creek Page 2 of 7
STAFF BILLING AND MILEAGE RATES
Soundview Consultants LLC hourly billing rates for this agreement are as follows:
Senior Principal Scientist/Environmental Planner..............................................................................................................$ 220.00/hr
Principal........................................................................................................................................................................................$ 180.00/hr
Senior Environmental Scientist II/Senior Planner II(Fisheries,Marine,Wetland,etc.)...........................................$ 160.00/hr
Senior Environmental Scientist I/Senior Planner I(Fisheries,Marine,Wetland,etc.)................................................$ 150.00/hr
Environmental Scientist/Planner III(Fisheries,Marine,Wetland,etc.)..................... $ 140.00/hr
....................................................
Environmental Scientist/Planner II(Fisheries,Marine,Wetland,etc.)..........................................................................$ 130.00/hr
Environmental Scientist/Planner I(Fisheries,Marine,Wetland,etc.)............................................................................$ 120.00/hr
SeniorArborist............................................................................................................................................................................$ 115.00/hr
StaffArborist.................................................................::............................................................................................................$ 85.00/hr
StaffScientist III................................................................................................................................_........................................$ 105.00/hr
StaffScientist II..........................................................................................................................................................................$ 95.00/hr
StaffScientist I............................................................................................................................................................................$ 85.00/hr
FieldTechnician.........................................................................................................................................................................$ 70.00/hr
Design Manager/Landscape Architect..................................................................................... $ 135.00/hr
..............................................
GISIII/CAD Technician III................................................................................................................................................$ 120.00/hr
GISII/CAD Technician II.....................................................................................................................................................$ 105.00/hr
GISI/CAD Technician I.......................................................................................................................................................$ 90.00/hr
Directorof Operations..............................................................................................................................................................$ 100.00/hr
Project Coordinator/Project Support....................................................................................................................................$ 80.00/hr
Courier..........................................................................................................................................................................................$ 60.00/hr
Mileage Reimbursement......................................... $ 0.96/mi
.....................................................................................................................
DailyUse:Company Vessel.....................................................................................................................................................$ 150.00/day
DailyUse:4x4 Pickup...............................................................................................................................................................$ 100.00/day
Daily Use:UTV..................................................... $ y
Billing rates and overall cost estimates will be subject to a regional inflation adjustment on an annual basis.Expenses are
subject to Consumer Price Index adjustments on an annual basis.For extended contracts over multiple years,billing rates
may be subject to multiple adjustments. Scope amendments describing these changes in cost estimates for extended
contracts can be provided annually at the Client's request, otherwise Client agreement to these anticipated changes is
assumed at contract execution.
COST ESTIMATE SUMMARY
This cost estimate is based on the anticipated level of effort required to complete the Tasks above,which is
founded on our experience supporting similar projects.The estimate is further based on the assumption that
Consultant has timely and effective coordination and communication with the Client,Team,and all regulatory
staff,and that necessary data and project details will be made available in a timely manner.This is to be a Time
and Expense contract based on the billing rates and time estimates provided. Consultant will work closely with
the Client and services will be billed for actual time and expenses required to effectively perform these activities
up to the Total Estimated Cost(subject to inflationary adjustments as described above). Consultant will notify
Client promptly if unanticipated circumstances are encountered that are liable to materially increase cost of
completing the work in this contract. Should additional environmental planning, consultation services, or
reporting become necessary, this budget may need to be increased with the approval of the Consultant and
Client.
The signature page for this consulting agreement can be found in ExbibitA.Agreement for Consulting Services.
Soundview Consultants LLC August 29,2023
City of Kent—Mill Creek Page 3 of 7
EXHIBIT A: AGREEMENT FOR CONSULTING SERVICES
This Agreement is made by and between Error! Reference source not found. (hereinafter referred to as
"Client"),and Soundview Consultants LLC (hereinafter referred to as "Consultant").
1.0 TERM OF CONTRACT
This Agreement shall be deemed to be in full force and effect from August 29,2023 to completion of
the Work,or termination pursuant to terms of this Agreement.
2.0 SCOPE OF WORK
Consultant will provide professional consulting services to Client by performing the Scope of Work as
described in this Agreement("Work").
3.0 CONTROL OF WORK AND COMPENSATION
The Consultant will perform the Work itemized in the Scope of Work. Client shall pay Consultant for
services rendered on a Time and Expense basis. Fees for Services will be based on actual hours spent
on this project at the hourly billing rate of the person performing the services. Expenses that are not
included in the hourly billing rate include telephone, travel expenses, photocopying, fax charges, and
other direct expenses incurred by Consultant authorized by the designated representative of Client.
Current Washington State travel regulations and rates shall apply to all in-state and out-of-state travel
for which reimbursement is claimed during the term of the Agreement. Client will be charged mileage
based on the actual distance the person(s) performing the services must drive whether they are based
in the Seattle or Gig Harbor office. Expenses billed will be increased by ten (10) percent and/or a
minimum processing fee.
4.0 PAYMENT
Invoices will be submitted to the Client monthly and are payable by the due date shown on the invoice.
A late charge of 2.0% per month will accrue on any amounts not paid within 30 days of due date.
Payments will first be applied against outstanding service charges,then against unpaid invoice amounts.
If Client fails to make any payment when due,all work may immediately stop at Consultant's discretion,
and all work shall not resume until all unpaid balances are paid in full.Payments may be made by ACH
(check by phone),debit/credit card by phone, check by mail,EFT and wire transfer.Please note that
ACH payments are free, however a service fee of 2.9%will be incurred for credit card payments and
wire transfers will incur a fee of$12.50 per transaction.
5.0 SUBCONTRACTING
With permission of Client, Consultant may subcontract or assign portions of the services. Services
performed by subcontractors will be billed to Client by Consultant at actual cost,plus ten(10)percent.
The costs of subcontracting shall be included within the maximum estimated fees and costs for
Consultant's services.
6.0 INDEPENDENT CONTRACTOR STATUS
Nothing in the Agreement shall construe Consultant or any of its employees or agents to be Client
employees, agents, or representatives. Consultant shall be an independent contractor and shall have
responsibility for and control over the details and means for performing the work described herein.
Consultant shall be subject to the directions of Client only with respect to the scope of the work and
the general results required.
7.0 TERMINATION
In the absence of written notice, this Agreement will be terminated at the Client's option upon
completion of the Work. This Agreement may be terminated at any time by Client upon written notice
to the Consultant. In the event of such termination by Client, Client shall pay to Consultant the
following:
Soundview Consultants LLC August 29,2023
City of Kent—Mill Creek Page 4 of 7
7.1 All costs of Work performed to the date of termination;
7.2 All other direct costs ordered for purposes of the Work whose preparation and
delivery cannot be halted;
7.3 All items in 7.1 and 7.2 above incurred by any of Consultant's subcontractors that
have been approved according to the provisions of Section 3.0.
8.0 RIGHT OF INSPECTION AND AUDIT
Client or its agents shall at all times during the course of the work have reasonable access to inspect
and to audit all pertinent Consultant records and accounts. Consultant will retain all books,records,
documents and other materials relevant to this Agreement for not less than three years after completion
of the work and Client or its agent shall have full access and the right to inspect and examine any of
the said materials during normal work hours.
9.0 NONDISCRIMINATION
During the performance of this Agreement, Consultant shall comply with Federal and State
nondiscrimination statutes and regulations.
10.0 LEGAL RELATIONS
Each party to this Agreement shall only be responsible for damage to persons or property resulting
from the negligence on the part of itself, its employees, subcontractors, its agents, or its officers.
Neither party assumes any responsibility to the other party for the consequences of any act or omission
of any person,firm,or corporation not a party to this Agreement.
11.0 DISPUTES AND REMEDIES
Any remedy provided for breach of the Agreement shall not be deemed exclusive, and Client and
Consultant have such other remedies as may be available at law or in equity. Each party to this
Agreement will make a good faith effort to first resolve any dispute without resorting to litigation. If
a dispute cannot be resolved between parties,then suit must be filed in Pierce County Superior Court
and decided according to Mandatory Arbitration Rules of Pierce County provided that the claim does
not exceed the mandatory arbitration dollar limit. Each party hereby expressly waives a jury trial and
waives all claims that could be asserted by a representative,private attorney general,member of a class
or in any other representative capacity. The arbitrator shall have authority determine the amount,
validity, and enforceability of a lien as well as claim for damages. The arbitrator's award shall be final
and binding,and both parties each waive their right to file any appeal for a trial de novo,thus assuring
cost effective finality of any decision rendered.
12.0 WAIVER
No waiver by Client or Consultant of any breach by Consultant or Client of any provision hereof shall
have any force or effect unless in writing, nor shall any waiver by a party hereto of any breach be
construed as a waiver of any other future default or breach of the same provision or any other
provision.
13.0 MISCELLANEOUS
13.1 No Assignment. Consultant shall not assign their rights or obligations under this Agreement
without the prior written agreement of Client.
13.2 Ownership of Documents. All documents,records, and reports generated as a result of the
Scope of Work described in this Agreement shall become the property of Client upon
termination of this Agreement for any reason,provided all payments for services have been
made in full.
13.3 Disputes. In the event of a dispute under this Agreement, the prevailing party in any dispute
would be entitled to an award of its reasonable attorney fees and costs. In the case of any
action, venue will be in Pierce County. All disputes will be resolved by binding arbitration
using the rules of arbitration developed by the local rules for Pierce County Court.
Soundview Consultants LLC August 29,2023
City of Kent—Mill Creek Page 5 of 7
13.4 Identification and Marketing.At all times Client will identify Consultant in a positive manner
to all parties related or unrelated to this project. Consultant may install one sign of normal
and reasonable size at the project worksite during the course of work. Consultant may use
work performed under this Agreement in subsequent marketing efforts.
13.5 Non-Disclosure. All elements of this agreement including all contents,facts,procedures,and
cost estimates incorporated within or attached as exhibits, addendums, change orders, or
associated correspondence are considered intellectual property and may not be shared with
other parties capable of conducting the same services outlined within this agreement without
the written consent of both Consultant and Client.
13.6 All work prepared under this agreement is subject to regulatory review and acceptance;
therefore, all recommended mitigation actions, determinations, jurisdictional boundaries,
limits, and/or thresholds (including acceptance of recommendations of wetland boundaries,
categorizations,and determinations of regulatory authority and/or effects) are subject to final
determination by regulatory agencies.
13.7 ^ initial reta-tietf atte t_ d G t....adrea _na 00,1100 ($ 500 00) US E)an ..s shall binade ^
upati exeetttiott of th4so
13.8 RN4W4 Be nr tiee T n... __'de 1 as an addeiidtffn to this agreernetit auf4nittg the
right 1 ~YMaY^ J for Jttan r J
pftid by the Glient to the
13.9 The undersigned authorizes the above requested services. Consultant may write descriptions
and take photographs of this project and reserves the right to use those project descriptions
and photographs to produce printed and online communication material used in internal and
external marketing.
14.0 NOTICE
Any official notice that either party hereto desires to give the other shall be deemed delivered upon
deposit thereof in the United States mail by certified mail, return receipt requested, with postage
thereon fully prepaid,addressed as follows:
To Client: Error!Reference source not found.
400 West Gowe
Kent,WA 98032
To Consultant: Soundview Consultants LLC
Jonathan Pickett,Principal
2907 Harborview Drive
Gig Harbor,WA 98335
15.0 ENTIRE AGREEMENT
The terms and provisions of the Agreement constitute the entire Agreement between the parties
and supersede all previous communications, negotiations, proposals, representations,
conditions,warranties or agreements,either oral or written,between the parties hereto with respect
to the subject matter hereof. This Agreement may not be enlarged, modified, or altered except
in writing, signed by duly authorized officers or representative of the parties.
On Behalf of Approved By:
Consultant Client
08/30/2023
Soundview Consultants LLC Datc C Kent D e
Jonathan Pickett, Principal
Soundview Consultants LLC August 29,2023
City of Kent—Mill Creek Page 6 of 7
Error! Reference source not found.EXHIBIT B: SUB CONTRACTOR
PROPOSED SCOPE OF WORK
Barghausen Consulting Engineers,Inc.
18215 72nd Avenue South
Kent,WA 98032
Proposed Scope of Work—Initial Phase
1. Initial meeting and coordination with City and design team;
2. Review available plans and documents relative to project parcels;
3. Complete detailed site visit to confirm existing conditions of project site and adjacent properties;
4. Research and obtain sewer and water utility maps from City to determine size,location, and depth to
serve proposed project;
5. Review current FEMA flood plain maps to confirm any flood plain impacts and options for mitigation;
6. Research and confirm location, depth, and size of existing storm drainage facilities available to serve
proposed project;
7. Prepare schematic layout of storm and utility systems to serve proposed project if requested;
8. Provide input to City and design team on significant project constraints and design issues relative to
storm drainage,flood plain and site work requirements;
Total Estimated Cost: $4,000.00
Soundview Consultants LLC August 29,2023
City of Kent—Mill Creek Page 7 of 7