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HomeMy WebLinkAboutPW12-030 - Original - J. A. Brennan Associates, PLLC - Boeing Levee Three Friends Fishing Hold Park - 02/29/2012 Records Man- 1-a- gerne- TKEN " Document WAS HINGTON r in y' 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 City Clerk's Office. Vendor Name: J.A. Brennan Associates, PLLC Vendor Number: JD Edwards Number Contract Number: EW 12-- O 36 This is assigned by City Clerk's Office Project Name: Boeing Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: -.2 Contract Effective Date: Date of the Mayor's Signature Termination Date: 12/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide levee wall aesthetic design and irrigation design at the Three Friend Fishing Hole Park for the Boeing Levee project. C a12,11 S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 1 i KENT W.SHIN( ION CONSULTANT SERVICES AGREEMENT between the City of Kent and J.A. Brennan Associates, PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and J.A. Brennan Associates, PLLC organized under the laws of the State of Washington, located and doing business at 100 S. King St., Suite 200, Seattle, WA 98104, Phone: (206) 583-0620/Fax: (206) 583-0623, Contact: Tanta Wilcox (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 provide levee wall aesthetic design and irrigation design at the Three Friends Fishing Hole Park for the Boeing Levee project. For a description, see the Consultant's February 8, 2012 Scope of Work which is attached as Exhibits A and B 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 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Eight Thousand, Seven Hundred Ninety Three Dollars ($28,793.00), plus applicable Washington State sales tax, 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 amendment to this 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 Exhibits A and B. CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) 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. 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 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. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant 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 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 CONSULTANT SERVICES AGREEMENT - 2 (Over $10,000) 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. In the event Consultant 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 Consultant's part, then Consultant 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 Consultant's part. 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 C 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. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original a 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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, 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. 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. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: M gEnat�ure) ��` 1 (signature) Print me: 1lh�rJV I�f Pr t N Suzette Cooke Its �1 I Ma or (title) DATE: DATE: / NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Tanja Wilcox Timothy J. LaPorte, P.E. J.A. Brennan Associates, PLLC City of Kent 100 S. King St., Suite 200 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) 583-0620 (telephone) (253) 856-5500 (telephone) (206) 583-0623 (facsimile) (253) 856-6500 (facsimile) APP OVED S TO FORM: Kent Law Depa )A Brennan-Boeing Levee/Hallock CONSULTANT SERVICES AGREEMENT - 5 (Over$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 day of , 20LZ�. By: (J49 For: s� � 1�11` C� Title: FLAriL,4>p Date: 2-A:!2 Z 1 Z 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 J.A. Brennan Associates, PLLC Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Boeing Levee that was entered into on the February 29, 2012, 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 `7 day of 201'�_. By: n For: L}yi v Title: Date: (�« EEO COMPLIANCE DOCUMENTS - 1 Schedule A jDate February 8,2012j.-a.- Brennan#*h* asxoLla(LS r�tc Landscape Arclutects&Planners 100 S King Street,Suite 200,Seattle,WA 98104 t 206 583-0620 f 206 583 0623 www labrennan cum I I J.A. Brennan Associates Three Friends Fishing Hole Park—Irrigation Restoration Design Scope of Work PHASE 1: DESIGN Site Inventory and Analysis and Coordination The Consultant will review irrigation as-built plans and Parks Department product preferences. J.A. Brennan Associates will conduct 1 site visit and attend up to 1 client/team meeting during design phases below. Park Irrigation Restoration Design(50%,90%,and 100%Design) The Consultant shall design and prepare details for irrigation restoration for the park as required to repair the existing irrigation system after impacts from grading and new wall construction Site visits and client meetings will be coordinated with the wall aesthetic design work for improved efficiency. The irrigation restoration consists of restoring the existing irrigation system in Three Friends Fishing Hole Park by replacing damaged lines and heads as necessary to create an irrigation system that provides full coverage for all disturbed park areas. Irrigation specifications will be provided by City of Kent Parks Department and will be reviewed by J A Brennan Associates for consistency with the construction plans and details. 1. Irrigation restoration plan(2 sheets at 1"=20' scale) 2. Irrigation Details(1 sheet) 3. Review irrigation specification provided by the City of Kent 4. Construction cost estimate PHASE 2: CONSTRUCTION SUPPORT Bid Support Answer contractor's questions during bidding, Any required addenda to be provided by City, Construction Support We assume City of Dent will conduct all construction management. J.A.Brennan will provide limited support by answering questions commensurate with the number of hours allocated in the attached spreadsheet. Page 1 of 2 Scope Assumptions 1, The City will coordinate, organize and document all inter-departmental meetings. 2. City of Kent will provide an AutoCad site survey that shows 1-foot or 2-foot topographic contours, location of vegetation including shrubs and trees, edge of pavement, location of utility poles and Imes,property lines,and irrigation as-built information. 3. Drawings on 22"x34"will be prepared to 100%level of completion showing major project elements. Title block and base information shall be provided by the client 4. The client will provide coordinated review comments at each review stage. Additional fee will be required for additional review steps. 5. Site visits and client meetings will be coordinated with the wall aesthetic design work for improved efficiency If the wall aesthetic design project is not contracted with JA Bremlan,additional fee will be required for design meetings and construction site visits 6. Permitting support and shoreline development mitigation design are not included in this scope. 7. No irrigation restoration will be provided on the east side of the wall. 8. Completion of construction documents will be by April 30,2012. 9. All specifications will be provided by the City 10. No permit or permit support services are provided, 11 The duplication and distribution of all design and bid documents shall be by client, 12. Structural and civil engineering is by others, 13 J A Brennan will provide drawings and costs to the City for inclusion into one package for bid purposes 14 Project will be bid as a lump stun bid package. 15. J.A. Brennan Associates accepts no liability for design and consulting provided by other team members. 16. JA Brennan Associates can provide construction administration services and record drawings for additional fee. Page 2 of 2 0 0 ;�y o 0 0 0 0 0 0 0 0 0o w n o Nl ' tD m O ➢D Q I� � N V c0 IOp I� fD N l�l T# N iCN� rm'1 V 0 o o n o 0 p o 0 0 0 0 0 0 0 o q o 0 0 0 0 0 0 0 D o g o 0 o o 0 0 {3 0 o W o 0 0 0 ro N N O O q o 0 0 0 111 " ff 'P 0 0 0 , �4y �- N d l+' N N Q m 61 h m <0 m VI F •- �� N ,jy M n �k tV W C O S •�+ N N o o r+ o o m Y D 0 o `,i faf N a o N M R m ft N JJ ro d S a �w LL O � C O I r� oy N e 4 0 o N@ O 11{ m c C v CL c o c m L' 3° O ui G _ h _rn 'o p a k G 0 c w OU) e- ¢ILL p� c a O) q l Q _ .�. ; n 4 [Y ❑ p m m , N N o t o N N�. qq z C Z C po c m c t ° F m ~ Oy. V a- n. f Y w O m N ❑ O Q a d F N ❑ m F t E v� U CJ F LL N yyy Q L �I W ,L Q •- N N - fd .- N U .- N (h V N cD � L LL Schedule B y ar;41/Ve Date:February2012 .c�.. re_n�_ 8e � - dS�Gt1dSC0 PLL4 Landscape Architects&Planners 100 S King Street,Suite 200,Seattle,WA 98104 t 206 583-0620 f.206 583 0623 www labrennan coin J.A. Brennan Associates Three Friends Fishing Hole Park-Wall Aesthetic Design Scope of Work PHASE 1: DESIGN Preliminary Wall Aesthetic Design The Consultant will provide serr ices to study,evaluate,and recommend wall aesthetic concepts in support of the preliminary engineering effort for the preferred alternative It is assumed that only limited construction budget will be allocated for aesthetics and,therefore,wall aesthetic studies will focus on means to improve wall aesthetics that do not significantly alter the wall concepts not that require any significant additional structural engineering effort. This task includes the following: 1. A site visit to gather information on existing conditions and critical viewpoints of the proposed project Gather information about local history and natural history as potential inspiration for wall aesthetic design 2. Kick-off Meeting with City of Kent and structural engineer to be conducted with site visit described above. 3. Review and evaluation of the current preliminary concrete wall engineering design and exploration of wall elements that can potentially be modified for aesthetic purposes. 4. Two theme alternatives and 1 aesthetic concept for each theme will be described in a brief technical memo 5. Develop 2 elevation sketches,one elevation to develop and illustrate each of two aesthetic design concepts Elevations will illustrate wall surface treatment options (textures and colors)and railing character. 6. Client meeting to discuss aesthetic design alternatives. Client to select preferred concept and give clear design direction on preferred wall aesthetic character. 7. Draft aesthetic design of preferred concept. Develop elevation sketch of the preferred alternative concept, including potential colors and textures and railing. i Page 1 of 3 8. Revise draft aesthetic design of preferred alternative as required to develop final preferred alternative concept Design will be illustrated in 1 elevation of a representative segment of the wall, and a beef tech memo design summary identifying products and materials for finishes and railing. 9. Client meeting to review final aesthetic design concept and coordinate with structui a] engineer. Final Wall Aesthetic Design Site Inventory and Analysis and Coordination The Consultant will review preliminary engineering plans and existing conditions data as necessary. J.A. Brennan Associates will attend up to 2 client/team meetings during final design phases below Final Wall Aesthetic Design (50%,90%,and 100%Design) The Consultant shall design and prepare details for concrete wall aesthetic elements of the project as identified in the preliminary design phase. Wall aesthetic design will include detailed design of wall finishes, including wall surface textures/form Imes,materials, and colors Railing design will also be provided Any potential iandform design recommendations will be provided as sketches at 50%design only and will be provided to the structural engineer for incorporated into the engineering drawings. Deliverables for the wall aesthetic design shall include the following: 1, Wall Finishes and Railing Details(2 sheets) 2. Specifications for wall finishing/materials and railing(CSI format) 3. Construction cost estimate PHASE 2:CONSTRUCTION SUPPORT Bid Support Answer conti actor's questions during bidding. Any required addenda to be provided by City, if necessary. Construction Support We assume Crtv of Kent will conduct all construction management J.A.Brennan will provide limited support by answering questions commensurate with the number of hours allocated in the attached spreadsheet Scope Assumptions I. The City will coordinate, organize and document all inter-departmental meetings. 2. City of Kent will provide an AutoCad site survey that shows 1-foot or 2-foot topographic contours, location of vegetation including shrubs and trees,edge of pavement,location of utility poles and lines,and property lines 3. Drawings on 22"a34"will be prepared to 100%level of completion showing major project elements. Title block and base information shall be provided by the client. 4. The client will provide coordinated review comments at each review stage Additional fee will be required for additional review steps. 5. Site visits and client meetings will be coordinated with the irrigation design work for improved efficiency. If the irrigation design project is not contracted with JA Brennan,additional fee will be required for design meetings and construction site visits. Page 2 of 6. Graphics will be hand-drawn in preliminary design. 7. J.A Brennan may provide input on the grading plan,which will be designed by others. 8. Permitting support and shoreline development mitigation design are not included in this scope. 9. Completion of consti uction documents will be by April 30,2012 10. Specifications will not be provided at preliminary design. 1 I Specifications will be provided in CSI format,version 2004. 12. No permit or permit support services are provided. 13. The duplication and distribution of all design and bid documents shall be by client. 14. Structural and civil engineering is by others. 15, J A Brennan will provide drawings, specs and costs to the City for inclusion into one package for bid purposes 16. J A Brennan Associates accepts no liability for design and consulting provided by other team members. 17. JA Brennan Associates can provide construction administration services and record drawings for additional fee. G I i i Page 3 of 3 I 1 ' N _- 0 0 0 0 0 0 0 0 o D O o o a o D o 0 0 o O o 0 0 0 o 0 0 0 0 0 0 0 0 o 0 0 0 0 0 o D o o rn O ,fin D O N o 0 o r o ad� ec v O M P m N o N v M o n M o M V a Ci v P mOM W O m Y ra' P of I� 17 'D d O ID .D N M O a N N C: N N N N m N d F M O N m d rD P 1° M O) C) P W Y� QN CD C a Z M1 U G n i i D =Y 3 u _ I i I 1�p • u N C w n N E 3 a I Q `Y i LO T D C ` jj v O e ry it .�.. a a s C V 4 N N A N wic qd U UO O C V) N e m Va Say = g � c9 D,� cE p � ny A �liH ~ min FFL Oin n •' u -a L CL C G tt p e ( a �' �•0 2�' �) a) � D L � v cl � � c w D o ° '� a O N N o D D o ILL r O O i Y^ N F k ..t .W �M W i d a d r oa F LL � IV^ m � I Ig i a Iq 1 �3 a A O n w u Q 2 U - O c ¢LL O C Q m w u N u d� 3tp a¢m o S y� 3 � 1 E EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant 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. The City shall be named as an Additional Insured under the Consultant'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. B. Minimum Amounts of Insurance Consultant 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. EXHIBIT C (Continued) 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 Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant'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 Consultant 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 Consultant'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 A:VII. E. Verification of Coverage Consultant 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 Consultant before commencement of the work. F. Subcontractors Consultant 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 Consultant. Client#:328420 JABRENNA ACORD,. CERTIFICATE OF LIABILITY INSURANCE D2/24/201[2 YY) rza/zo1 z 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 CONTACT NAME Kibble&Prentice, a USI Co PR HONNo,Eat 206 441-6300 ac,No 610-362-8528 601 Union Street,Suite 1000 -ADDRESS PL Certrequest@kpcom coin Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIL# INSURER Phoenix Insurance Company 25623 INSURED INSURER B Travelers Casualty&Surety Co 31194 J.A Brennan Associates, PLLC INSURER C Travelers Property Cas.Co of 25674 100 S. King St.,Suite 200 INSURER D Seattle,WA 98104 INSURER E NSURER 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 CONTRACTOR 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 OF INSURANCE ADDL'UBR POLICY EFF POLICY EXP LIMITS LTR _ I SR WVD POLICY NUMBER MM/DD/YYYY MM/DD/VYYY A GENERAL LIABILITY 6806614P276 D310112012 03101/203 EACH OCCURRENCE _ $2,000 000 X COMMERCIAL GENERAL LIABILITY PREM SES OEaEwcunOence $1 00O 000 CLAIMS-MADE 1:9 OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,0001000 _ GENERAL AGGREGATE $4,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $4,0_00,000 POLICY F X PRO LOG] $ AUTOMOBILE LIABILITY BA6614P288 3101/2012 03/011201 EO MBC tlEeDISINGLE LIMIT $1 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS $ X HIREDAUTOS )( NON OWNED PROPERTY DAMAGE AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED i I RETENTION$ $ A WORKERS COMPENSATION 6806614P276 3/01/2012 03101/2013 WcsrATU- X DTH- AND EMPLOYERS'LIABILITY YIN -- T T ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N NIA (WA Stop Gap) E l EACH ACCIDENT $1 000 0OO (Mandatory in NH) E L DISEASE-EA EMPLOYEE $1 00O 000 If yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $1 000,000 B Professional 105408190 0310112012 03/01/2013 $1,000,000 per claim Liability $2,000,000 annl aggr DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101 Additional Remarks Schedule,if more space is required) RE. Three Friends Fishing Hole Park for the Boeing Levee project The City of Kent is included as an additional insured on the General Liability policy where required by written contract CERTIFICATE HOLDER CANCELLATION City of Kent Engineering SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION All rights reserved ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S6951136/M6934283 SXFJU This page has been left blank intentionally i COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional Insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a'contract or jury", "property damage" or "personal injury" agreement requiring Insurance"that the Insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf primary and non-contnbutory basis, this Insurance a. In the performance of your ongoing opera- is primary to other Insurance that is available to dons, such additional Insured which covers such addi- b. In connection with premises owned by or tional insured as a named Insured, and we will not rented to you, or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs, and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that 'contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement insurance, whether primary, excess, contingent or The Insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows when the Insured is an additional insured under d. This insurance does not apply on any basis to any other insurance any person or organization for which cover- C. The following is added to Paragraph S. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON. age Part. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services" payments we make for "bodily injury", "property f, The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that 'contract or agreement requir- a 'contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 ®2007 The Travelers Companies,Inc. Page t of 2 Includes the copyrighted material of Insurance Services Office,Inc,with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed, (Section V): a. After you have entered Into that contract or "Contract or agreement requiring insurance" agreement, means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period Page 2 of 2 ®2007 The Travelers Companies,Inc CG D3 81 09 07 Includes the copyrighted material of Insurance services Office,Inc,Wdh Its permission COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional Insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a "contract or fury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional Insured under this Cov- dons or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf- primary and non-contributory basis, this Insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions, such additional insured which covers such addi- b. In connection with premises owned by or tional Insured as a named insured, and we will not rented to you, or share with the other Insurance, provided that: c. In connection with "your work" and included (1) The "bodily Injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal Injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed, an additional insured for "bodily injury", "property after you have entered Into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance" But this msur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows when the Insured is an additional Insured under d. This insurance does not apply on any basis to any other insurance any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional Insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV). e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 ®2007 The Travelers Companies,Inc Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc,with its permission COMMERCIAL GENERAL LIABILITY t injury" or "property damage" occurs, or the 'per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed "property damage" occurs, and the 'personal in- D. The following definition is added to DEFINITIONS jury" is caused by an offense committed, (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement, means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and ; organization as an additional Insured on this Cov- c. Before the end of the policy period a Y tl k Page 2 of 2 02007 The Travelers Companies,Inc CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc,with Its permission REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT WASHINGTGN This form must be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator- Toby Hallock Phone (Originator) 5536 Date Sent 2/29112 Date Required 317/12 Return Signed Document to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12 VENDOR NAME: J A Brennan Associates, PLLC DATE OF COUNCIL APPROVAL: 2/21/12 Brief Explanation of Document The attached agreement is J A Brennan Associates to provide levee wall aesthetic design and irrigation design at the Three Friend Fishing Hole Park for the Boeing Levee project For a explanation, see the attached prepared by Toby Hallock All Contracts Must Be Routed Through the Law Department 4�re,�j�be�pleted By the Law Depar m`nq Received ��lJ t.e� did'd3.. UP- Approval of Law Dept.- FEE 2 9 Law Dept Comments KENO' vY LAW n,,�r 1),,pT �-�1 Date Forwarded to Mayor- Shaded Areas to Be Completed by A ' istration Staff Received: 7, 7 r l� Recommendations & Comments: ~ [ I I Disposition Z'&q//Z Date Returned: Iage5870_templatebase • 2/07