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HomeMy WebLinkAbout10-081 - Anchor QEA LLC - Peer Review of SAO and Master PlanCONSULTANT AGREEMENT FOR PEER REVIEW SERVICES 10 -081 Council Approval N/A THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and }c-w,ino r Q U hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform peer review of the Sensitive Areas Master Plan in connection with the project titled Tukwila South. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement by September 30, 2010. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $12,700 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any negligent act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 2 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: CITY OF TUKWILA Attest/Authenticated: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Jon Boyce Anchor QEA, LLC 1423 Third Ave., Suite 300 Seattle, WA 98101 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this r day of auto 2010. Ma or 3 r!. c CONSULTANT By: 738 02 Printed Name: JON 1301,1 Le Title: Rni N?M Approved as to Form: Office of th Cjty Attorney 4 ,`Z ANCHOR IDEA 1605 Cornwall Avenue Bellingham, Washington 98225 Phone 360.733 -4311 Fax 360 733.4212 www.anchorqea.com MEMORANDUM To: Minnie Dhaliwal, City of Tukwila Date: June 29, 2010 From: Derek Koellmann, Anchor QEA Project: 090325 -02.01 Cc: Bob Montgomery, Anchor QEA Re: Revised Scope of Services for Review of Tukwila South SAMP technical memorandum Anchor QEA provided a scope of services to the City of Tukwila (City) on June 10, 2010 to develop a memorandum to address environmental and technical issues associated with the Sensitive Areas Master Plan (SAMP) for the Tukwila South Project (Project) prepared by La Pianta and review the City's conditions of approval and the final staff report for the Project. This revised scope has been prepared to address comments on the June 10, 2010 version of the scope including removing the review of the City's conditions of approval and the final staff report from the scope and reducing the number of hours allotted for meetings. This revised scope of services replaces the June 10, 2010 version. SCOPE OF SERVICES Three tasks are proposed to complete this scope of services: Task 1 Develop Technical Memorandum Task 2 City Coordination and Project Management Task 1— Develop Technical Memorandum Under this task, Anchor QEA will prepare a technical memorandum address environmental and technical issues associated with the Project SAMP. This technical memo will: Analyze the final version of the SAMP for consistency with previously requested changes and any requested additional information. Analysis of stream, wetlands and fisheries mitigation proposed in the SAMP and how the proposed mitigation satisfies best available science (BAS) criteria will be addressed. Analyze whether the proposed mitigation actions detailed in the SAMP provide a net gain in environmental benefits when compared to both existing conditions and a strict application of the Sensitive Areas Ordinance for the project. Privileged and Confidential Task 1 Deliverables Draft and Final Technical Memorandum Task 2 City Coordination and Project Management This task is provided to allow Anchor QEA to attend meetings and respond to phone or e- mail inquiries related to the Project. Ten hours is provided in this task for coordination with the City. Additional time is included for project management tasks including monthly invoices and progress reports and coordination with the City on budget and scope issues. Task 2 Deliverables Monthly invoices and associated progress reports BUDGET The budget for completing these tasks is 12,700. The budget by task is as follows: Task 1 Develop Technical Memorandum Task 2 City Coordination and Project Management Privileged and Confidential 9,200 3,500 Total $12,700 Minnie Dhaliwal June 29, 2010 Page 2 ASSUMPTIONS The following assumptions were used to generate this scope of work. 1. Anchor QEA will compare the BAS determinations in the SAMP with the City's Best Available Science Issue Paper: Watercourses and other more recent BAS materials related to stream, wetland, and riparian buffer functions and values 2. The City will provide one set of consolidated comments on the Task 1 technical and Task 2 recommendation draft memoranda. Anchor QEA will respond to the single set of draft comments on each memoranda and then finalize them. 3. Travel time for meetings will be charged to Task 3 of this Scope of Services.