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HomeMy WebLinkAboutPK11-198 - Original - Aquatechnex - Dive Team for Milfoil, Weeds & Debris at Lake Meridian - 06/06/2011 • KENT W PS HIN GTON PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Aquatechnex THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Aquatechnex organized under the laws of the State of Washington, located and doing business at P.O Box 30824, Bellingham, Washington, 98228 (hereinafter the "Contractor") I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Diver team to clear/remove milfoil and related weeds and debris in the beach swim ara of Lake Meridian, which is monitored by the City of Kent Lifeguards (map included in Exhibit "A") Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region 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, and Contractor shall complete the work by June 8, 2011. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Two thousand, two hundred dollars ($2,200.00) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit [Insert the Exhibit # that lists the rate to be charged] All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor 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 B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for film as they become due all necessary tax P 9 documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PROFESSIONAL SERVICES AGREEMENT - 1 (Under$10,000) Y E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor 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. Contractor 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 Contractor'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 Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. VIII. INSURANCE. The Contractor 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. XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor 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. PROFESSIONAL SERVICES AGREEMENT- 2 (Under$10,000) 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, including all appeals, 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. 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 Contractor. 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. 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: nature) / (signature) Print Name: ✓TLCe—,01- Print m Jeff Watling Its: L .rlst! Its: Parks & Recreation Director DATE: v ��St` DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Adam Kleven Doug Siegert AquaTechnex City of Kent PO Box 30824 220 Fourth Avenue South Bellingham, WA 98228 Kent, WA 98032 360.508.1276 (telephone) (253) 856.5000 (telephone) N/A (facsimile) (253) 856.6000 (facsimile) PROFESSIONAL SERVICES AGREEMENT- 3 (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: policy n 1. I have read the attached City of Kent administrative po cy umber 1.2. 2. Duringhe time of this Agreement I will no discriminate in employment on the basis of t s greem t 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 _� day of �GL , 20/. By: _/" 1w For: // wiz. ��l`�^ iGcu ✓uih cry Title: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 Z4,:/if2d Company, hereby acknowledge and declare that the efore-mentioned company was the prime contractor for the Agreement known as y�l1�J�i� �� that was entered into on the ,t�o t — (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 , 20-/—/1. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 h� 6 g � 7=RD TM CERTIFICATE OF LIABILITY INSURANCE DAT06M4/2009I PRODUCER Phone (360)695-3468 Fax (360)695-7951 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PICKETT INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8316 E.MILL PLAIN BLVD. HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR VANCOUVER WA 98664 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Swett&Crawford AQUATECHNEX,LLC INSURER B P O BOX 30824 INSURER C BELLINGHAM WA 98228 INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOVNJ MAY NAVE BEEN REDUCED BY PAID CLAIMS INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSR DATE MMO DATE MMIDD GENERAL LIABILITY 4000006862-081 07/16108 07/15/09 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100000 PREMISES(En accu,D CLAIMS MADE OCCUR MED EXP(Any one person) $ 10,000 A X CPL&STOP GAP&SYB 8&9 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 O- POLICV PR JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIREDAUTOS BODILY INJURY NON-OWNEDAUTOS (Per accident) $ PROPERTY DAMAGE $ Per accident GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EAACC $ I AUTO ONLY AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND wOSTATLL OTHER EMPLOYERS'LIABILITY TDRY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE $ yes,desmder cribeSPECIAL PROVSION S below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE CI of Kent EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS City WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO Parks Department DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS 220 Fourth Ave South AGENTS OR REPRESENTATIVES Kent WA 98032 AUTHORIZED REPRESENTATIVE Attention: n L Myer ACORD 26(2001/08) Certificate# 13452 ©ACORD CORPORATION 1988 •zNOW • • i I � • 3 I a I i I r M I � I � _ r` x r � 1 l fi i OP ID:ST `,aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD YYYQ 05/19/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu Of such endorsement(s) PRODUCER 360-647-9000 CONTACTNAME The Unity Group-Bellingham 360-734-8496 PHONE FAX 110 Unity Street, P 0 Box X A/C No Ext A/c No Bellingham,WA 98227 E-MAIL Roxanne McCloud ADDRESS PRODUCER AQUAT-1 CUSTOMER ID q INSURER(S)AFFORDING COVERAGE NAIC it INSURED Aquatechnex LLC INSURER Endurance American Specialty PO BOX 30824 INSURERS The Travelers Companies,Inc Bellingham,WA 98228 INSURER C INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OFINSURANCE ADDL U POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DDfYYYY MMDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY ECC101010729-00 07/15/10 07115/11 DAMAUETORENIED PREMISES Eaoceurtence $ 50,00 CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER _ PRODUCTS-COMP/OP AGG $ 2,000,00 X POLICY PRO- LOG Deduct $ 5,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B ANY AUTO BA3899R30A10SEL 09/12/10 09/12/11 (Ea accident) $ 1,OOD,00 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Peracadent) $ X SCHEDULED AUTOS ��/�a/ar�� PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NONLWNEDAUTOS Ap S $ UMBRELLA LUIB OCCUR ' NORAt EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE '' {. $ RETENTION $ too, > $ WORKERS COMPENSATION .r VYE STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS X ER A ANY PROPRIETORlPARTNER/EXECUTIVEY/N ECC101010729-00 07/1I5/10 07115/11 EL EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) WASTATE STOP GAP EL DISEASE-EA EMPLOYE $ 1,000,00 If yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT 1$ 1,000,00 A Professional ECC101010729-00 - 07/15l10 07/15/11 Occurence 1,000,00 — -� Aggregate 2,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IAhach ACORD 101,Additional Remarks Schedule,If more space is required) Evidence of Insurance for Lake Meridian Project CERTIFICATE HOLDER CANCELLATION KENTC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Kent Commons THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 525 Forth Ave North ACCORDANCE WITH THE POLICY PROVISIONS Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Full Name: AquaTechnex Firs;Name: AquaTechnex Business: 360-508-1276 5/11 web site#360-527-1271 Web Page: http 11www aquatechnex com Adam Kleven (Bellingham Office, PO BOX 30824, Bellingham, WA 98228) 1