HomeMy WebLinkAboutPW06-283 - Original - David Lanning - S 277th St Pedestrian Bridge Railing - 08/30/2006 Records Managem &ft,,
KENT Document
WASHINGTON
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: David Lannina
Contract Number:
This is assigned by Mary Simmons
Vendor Number:
Project Name: 277th Street Pedestrian Bridge Railing
Contract Effective Date: August 30, 2006
Contract Termination Date: October 31 2006
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Nick Horn
Department: Engineering
Abstract:
Review and make recommendations to the designs.
ADCL7832 07/02
f
KENT
WA1H1NGTOl
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
David Lanning
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and David Lanning organized under the laws of the State of Washington, located and
doing business at 23029 164th Avenue SE, Kent, WA 98042-3703, Phone/Fax: (253) 631-0525 (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.
The Consultant shall review and make recommendations to the designs for the S. 277th Street
Pedestrian Bridge Railing For a description, see the Scope of Work which is attached as Exhibit
A and incorporated by this reference
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 by October 31, 2006.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One
Thousand, Eight Hundred Forty Dollars (S1,840 00) 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
VIL 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 tlus 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)
e
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. E ven though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, t he w ork in ust in eet t he approval o f t he C ity and s hall b e subj ect t o t he C ity's general r ight o f
inspection to secure satisfactory completion
XIL 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 ansmg 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 ansmg 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 OFFKKENT:
� ,�•
By: �aa zGG7.(il B C/"'
(signature) p,tgnature)
Print Name - T)J/AJ C Print Name: lymothy J. LaPorte, P.E.
Its. At)/►C- r-P Its: Design Engineering Manager
Title) (Tale)
DATE: DATE- 0/90/06
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
David Lanning Larry R Blanchard
City of Kent
23029 164th Avenue SE 220 Fourth Avenue South
Kent, WA 98042-3703 Kent, WA 98032
(253) 631-0525 (telephone) (253) 856-5500 (telephone)
(253) 631-0525 (facsimile) 1 (253) 856-6500 (facsimile)
Lammng-277th Ped Bridge/Horn
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,
national origin, age, or the presence of all sensory, mental or physical 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 signing below, I agree to fulfill the five requirements referenced above.
Dated this /p day of 4c - z� , 2004.
By. L
For: i IJC�
Title: le-,f2r!c-L�C,-f
Date:
EEO COMPLIANCE DOCUMENTS- 1
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:
1. 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 City'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_
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
EXHIBIT A
SCOPE OF WORK FOR S277th St Ped. Bridge
Client: City of Kent
Project: Pedestrian Railing attachment etc., for S277th St Ped. Bridge
ASSUMPTIONS:
1. City will provide all plans and other pertinent information as needed for
consultant for the S277th St Ped. Bridge
2. City will provide co-ordination between agencies.
3. City will determine need for interagency meetings and set schedule for same.
4. Meet with the City staff as appropriate to discuss progress.
5. City will prepare CAD drawings based on sketches provided by D. Lanning.
SCOPE OF WORK(Including Product(s)):
1. Meetings (a) City staff.
(b) Meeting/discussions with other parties as appropriate
2. Provide design(s) along with sketches for various Ped rail attachment
alternatives and check City's drawings.
3. Discuss preliminary designs with personnel from various parties as requested
by the City on their behalf or as deemed necessary by `phone.
RATES:
1. Labor rate for David Lanning $90 per hour.
2. Expenses: Mileage 41c per mile.
Parking As per cost. (No additive).
Travel As per cost. (No additive).
Other As per cost (No additive). As pre-approved
by City.
BY: DAVID LANNING DATE:7-27-2006
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EXHIBIT C
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 anse 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.
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$300,000 per accident
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 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
08/02/2006 08:54 2535884503 M MANDICK STATE FARM PAGE. 01
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AUGUST 02, 2006
AUTO POLICY STATUS
H PRONE : (253) 631-0525
LANNING, DAVID & MAVIS M MUTL 256 8596-BQ8-47J IRG: 19 LRG: 04
23029 164TH AVE SE TERR: 031
TENT WA 99042-3703 98 LEXUS ES 300 CLASS: 6B3050E
4DR ACC FfiEE: AUG-08-96
VIN: JT88F28G6W0135740 BIRTH: AUG-18-36
STATUS:RENBL DUE DATE:AUG-08-06 TERM DATE: TOT PREM: 283 . 35
AMT DUE: 283.35 OXD:AUG-08-86 COV DATE :AUG-08-01 PREV PREM: 283 . 35
A 100 /300 /50 125. 92 R1 80% /500 9. 6D
P1 24 . 34 UU1 25 /50 /50 23 . 04
D100 38 . 82
G1000 57 . 43
H 4 .20
AMT PAID: 283. 35 DATE PAID: FEB-07-06
CRI 1578, AGE 69, GRP 08/08/96, MCD 60. 56,
AFD 10YR $69 . 23, VSD 20% 6. 08, APP DATE 09-17-06,
ODM 300 08-98, MLD 14% $40. 13 HOMEOWNERS .
NAME: LANNING, DAVID & MAVIS M H PHONE: (253) 631-0525
REPLACED POLICY: 2568596-471 POLICY FORM: 98477
EXCEP. & END:
REC CHG:
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233 Bridgeport VVay 3W
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Phone(253)688-W33