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HomeMy WebLinkAboutPW15-041 - Original - Shearer Design LLC - S 224th St Bridge Project Design Services - 02/19/2015 74{4 Records Ma ern KENT Document 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: Shearer Design LLC Vendor Number: JD Edwards Number Contract Number: Pl,/i' s - This is assigned by City Clerk's Office Project Name: S. 224th Street Bridge Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the mayor's signature Termination Date: 3/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Garrett Inouye Department: Engineering Contract Amount: $199,417.00 Approval Authority: (CIRCLE ONE) Department Director Mayor C=Council Detail: (i.e. address, location, parcel number, tax id, etc.): Continue to provide design services for the project. As of: 08/27/14 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Shearer Design LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shearer Design LLC organized under the laws of the State of Washington, located and doing business at 3613 Phinney Ave. N. #A, Seattle, WA 98103, Phone: (206) 781-7830/Fax: (206) 281-1751, Contact: David Shearer (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 continue to provide design services for the S. 224t" Street Bridge project. For a description, see the Consultant's 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 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. Consultant shall complete the work described in Section I by March 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Ninety Nine Thousand, Four Hundred Seventeen Dollars ($199,417.00), 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 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 Exhibit 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 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) i 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. City Business License Required, Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Cade. J. 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. r` ' CITY OF KEAI : a r. 4 By f tam By: (signature) , (signature) Print Name: 1;:� Prin(NanKe uzette Cooke Its 0 Its Mavor (title) {l ,.! ..� ',........ DATE: DATE: !'! NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: David Shearer Timothy J. LaPorte, P.E. Shearer Design LLC City of Kent 3613 Phinney Ave. N. #A 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 781-7830 (telephone) (253) 856-5500 (telephone) (206) 281-1751 (facsimile) (253) 856-6500 (facsimile) APPRO ED AS TO ORM: @ t9 Kent Law Department `s Shearer-224"•4/InuuYe 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 be ow, I agree t9-fulfill the five requirements referenced above. 4 N� ' F By: K For: C �ta .am.a jJi �a6f G..I Title: ' Date: e :F EEO COMPLIANCE DOCUMENTS - I 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 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 i 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A i SHEARER DESIGN LLD. SHEARER DESIGNaD No on Drldr;r 7e6Iry,Co3tivctiwi Engl�orinq,nfrasbiktwef�?thbrs 3613 Phinney Ave N.#B Seattle,WA 98103 '.. (206)181-7830 December% 2014 City of Kent Public Works 220 Fourth Ave S. Kent, WA 98032-5896 Attn: Chad Bleren,.P.E. &Garrett Inouye P.E. RE: S. 224th Street Bridge/SR-167 Overcrossing, Design and Bid Document Preparation (Project No. 99-3003) Dear Mr, Inouye: We will be pleased to assist the City with the continued design of the South 224 Street Bridge. Our work will pick up from the previous design effort.We will revise the plans accordingly. Please note this proposal is based on the unused balance from our previous contract for this project and will advance the bridge engineering to 90%. We appreciate the opportunity to work with the City of Kent again. Based on our discussions we understand our scope of work will be as follows. PROJECT DESCRIPTION The project involves design of a new overcrossing structure that will carry S. 220 street over SR- 167 and 881h Ave S, The bridge is located in the City of Kent between the S. 212" Street and Central Avenue exits on the Valley Freeway(SRI67). PROJECT OBJECTIVES The goal of the"S. 224' Street Bridge/SR-167 Overcrossing" is to construct a new overcrossing for S224th Street over SR-167 to enhance mobility in the City of Kent. This contract is intended to: • Provide engineering services for the design of the new bridge and wall structures. • Assist the City in interfacing with the WSDOT `Developer Services" section and with environmental permit development. PROJECT TEAM The project team is made up of the following firms: i Owner City of Kent Prime Consultant SHEARER DESIGNLLC Structural Engineering SHEARER DESIGNLLC Roadway Design City of Kent Drainage & Utility Design City of Kent Permit Assistance Widener and Associates Geotechnical Engineering Geo Engineers contract thru City of Kent. I 1\SHEARERSERVER\D-Dflve\ADMIN1Job Contracts\C-0177 KentS 224th\WP\0177 Scope Letter Restart 2a.ducx i SHEARER DESIGN LLD. DESIGNSHEARER uc NNIN 6r[0o� ezi p,Co stmcb fi Ireerl ,Infra uGee r hklcz 3613 Phinney Ave N.#B Seattle,WA 98103 (206)781-7830 SCOPE OF WORK The project will be divided in to tasks as described and listed below. Task 1 Plans,Specification and Estimate (PS&E) This task will include design and preparation of the bridge PS&E documents. The main focus of this task will be the structural engineering, specifications, engineers estimate and drawings for the new South 224rh Street bridge, and the 881h Ave S, overcrossings.These items are to be included in the final bid package with other roadway and utility items. As required SHEARER DEsrr,N will complete the required elements of the bid package and stamp the appropriate plan sheets and specifications. Included in this effort will be: • Structural engineering and analysis as required for the bridge. • Plan sheets for the complete structure including the foundation,wing walls, abutments, main girders, center piers, barriers, utility hangers. • Specifications to include: GSP's, amendments&technical specifications as required. • Bid item list and descriptions. • Engineers estimate. Deliverables 30 Percent PS&E Submittal: Schematic drawings of bridge. • 60 Percent PS&E Submittal: Updated drawings and cost estimates following City review of the 30 percent submittal. Provide preliminary specifications. . 90 Percent PS&E Submittal: Updated drawings and cost estimates following City review of the 60 percent submittal. Provide draft bid items &specification. Task 2 Permits This task will include support and coordination assistance to work with the City staff to help obtain the necessary permits for the project. The City of Kent staff will prepare and submit all required permits. Together with our sub consultant Widener& Associates we will work with the City to develop a permit strategy and help to ensure both the WSDOT and Environmental permits are sequenced on the project critical path. We suggest this task will be carried out lhru a series of planning and coordination meetings at the City or WSDOT offices. Potential WSDOT permits will be: General Construction • Air Lease Management Maintenance Agreement • Ground Easement Limited Access Deviation Maintenance of traffic. Deliverables . Graphics as needed for individual permits. \\SHEARERSERVER\D-Drlve\ADMINWob Contracts\C-0177 Kent S 224th5WP\0177 Scope Letter Restart 2a.docz �) SHEARER DESIGN LLD. SHEARER DESIGN kio IN PIN 0e51q,Convtnacilon Engirrannq lnfreslNcturel�striticz 3613 Phinney Ave N.#B Seattle,WA 98103 (206)781-7830 Task 3 SEW Walls (PS&E) This task will include design and preparation of the project structural earth walls (SEW). The main focus of this task will be the layout and design for the approach wall systems. As required SHEARER ❑ESIGN will complete the required elements of the bid package and stamp the appropriate plan sheets and specifications. I Included in this effort will be: • Wall type cost comparison • Engineering and analysis as required. • Plan sheets for the complete SEW walls, utility penetrations and sidewalk details • Specifications to include: GSP's, amendments &technical specifications as required. • Bid item list and descriptions. Dellverables 30 Percent schematic drawings of SEW walls. • 60 Percent PS&E Submittal: Updated drawings and cost estimates following City review of the 30 percent submittal. Provide preliminary specification. • 90 Percent PS&E Submittal: Updated drawings and cost estimates following City review of the 60 percent submittal. Provide draft bid items &specification. Task 4: Project Administration This task will cover the general project coordination & administration requirements for the contract. The invoicing and prime and sub consultant agreements will be prepared under the City of Kent guidelines with the required exhibits for billing rates and overhead markups. Included in this Task will be: • Scheduling • Sub consultant coordination and agreements • Invoicing • Team Meetings Assumptions &Other Items Drafting SHEARER DEMON will provide all drafting on the structural sheets to match the Public Works format as required. All drawings will be prepared in AUTO CAD 2014 file format. The City will furnish all standard drawings, cover sheet and miscellaneous items as required. Full size stamped bond and electronic files provided to the City. Word processing The City will assemble the final bid package. SHEARER ❑EsisN will provide to the City all specifications, GSP's and other items in a WORD 2010 file format for inclusion with the bid documents. 1\SHEARERSERVERID-DriveNADMIMJob ConlractslC-0177 Kent S 2241hMP10177 Scope Letter Restart 2a,docx j SHEARER DESIGN LLD. DESIGNSHEARER tic IM 6rld ezI ry,Go m nn Bnav ertw Infras chircA h irs 3613 Phinney Ave N.48 Seattle,WA 98103 (206)781-7830 '.. Items furnished by the City or not Included. Survey of the bridge site(AutoCAD 2014 base map file. 2'contours.) Right of way identification Wetland delineation Foundation Report Utility input Garrison Creek Bridge (NIC) Please see the enclosed spread sheet for a summary of our estimated cost & hours for this proposal. Thanks again for considering SHEARER DESIGN to continue with this interesting project. If you have any questions or would like additional information please feel free to call. Sincerely, DAVID R SHEARER S.E. SHEARER DESIGN k\SHFARERSERVERID-Drive\ADMIN1Joh ContractslC-0177 Kent S 224th1WP10177 Scope Letter Restart 2a.clocx i EXHIBIT B-1 COMPRNSATIDN SUMMARY I rro7ect _ __ S.224th Stree__U_ .Shearer DesIgn 44ci, Tap Istlmafe � . _ SheOmr Poal n 406 i91 7990 167 Ovsrerossin _ Dale 12.W4 _ _ Cit of Ken aka Chad Hl renPE _ Prn aretle ._ _ DHS. G rt aI'Wy0 P.E. _- (263)0695634 I Taak1 aridc lane SpeolllcafioneBEstmata-___ 8105162 l Tnak2 Permlle 54014E T�skJ SEW Tisk4 Prot ct AdminlstrageP 514,333 _ She.mrDesi0n LLC Porsonai Services Aamoment EXHIBIT B-1 COMPENSATION SUMMARY '.. r �r 5hearor Pesipnaac ,I - ,,, Tesk Estiinate '% , i�°_? ' <-T , tl1'I � _ Bh9amf Eo� ROB T81-003D Ora eG S.224th Street/187 Ovefcroasn c olKOnl PUNlo Wq Chetl alomn P.N. Ovl9 PIVM od BY pide -- Platl o ]r.. her Yial:Cry4pe(Pr Me! --_ -- rerE.F Or'Mr Lprltlry Prrstt T 1 Ian Plans auvvIaca11an hk�tllnnlo .1 VeNcalMn ols _. __ R 24 B _ L0 Fom4v00nw,wd._ 1.4 Plwl6 _ 32 _- Fonn e50n 'k2 e _ 32 24 1a 32 Onek 16 BU 10 � bePin s _ 'AbNmonU lNnr vNll -6 6 - 32 _ '" Canl9lCe raemn 6 Iz. _ 12 ' t6 PLCL�__ d .. _ el re 12 _ 30 - D C ak 12 _ 30 2 _ a -- avvdnOE 24 _NM_NnelUWivO wxll 1a�U- a0 _ - - --- �— CP IlaB111 _10 18 40 -- -. 0Atl o _ 4 U +2 D 0 sMTdn _ 2ID_ 334 9111n flxixs $18R.OD i111 OD 491.20 $Wdoa L'u o S:IfiB .0D aLTI A0 $0.00 30912.OD bW Coal A_ 6ID1 0a AO i411� 500 Ob6 80mff�-- 001.1 Qd—IW Pet9onol DnMcps ApfonlnaM I EXHIBIT B-1 COMPENSATION SUMMARY, I: Shearer sign 761 7030 Prol.cl S 224th Street]167 OvercrO5Sin L_ t Pu, _ en PE - Dme -- 1ZW2014 g,._ .iy o:K.nlle Vvbdts h Cad Filor _ Pro .md BY__...... ORS — 253 86&653q POncl el sc FreWeer rrv.EnuPuor_Pogs n=a, -- -"-' --' shaemre.e. was umsoam PNtir T.shR Ponnila 2 WS.1 OOT D.veioeef Servlcoe Permits _ __ -- Generalcmwlmctlan 8 4 5_ -- ainlwse — oo .. _.._. Ground Eo mnnt -. s _. A E Willem's of Tmfllc 22 2nvironm6ntal Permits .. _ RA _._ SERA 2 _ _ _. _.. ... - -- A04 4 4 _ M_oetlnu 4Mlh tole _. . qC - Bub Tolals 190 92 68 Riling Rates $132eD $111.80 $ 20 $fl .W Sub Tulals $111 AD 5276,20 Labor Cos A_- 20,008.40 260 - 0.58 1A0 _I Mils.q- 1g0,00 cx epees a ._ $140.00 _ _Ex s1 nse Total_ .. _ $.. - .- _ _ c $20,000,00 So consuhads - Weldrar&AssouWas $20000;]0 —_ —_.---- -- Tclel B 1A6.M Shoarer Dedgn LW P.Ronal Services Agrooment I EXHIBIT B-1 COMPENSATION SUMMARY 1 i PmJau 5,224th Street/167 Overcrossin ' _ - �Shoarer DeslGn Zoe /o17a30 Data 12I612014 01 o(I<eol Public Works Chad Blnfen P.E. ---- oarrsa Inouye P.E. Flfeparod ey DR9 ._—�—�� — --'- (253 8665634 _ Pdllplfel ar.5,loser Prv. Inner lP:o.41,gi�ovr -_ ehewerhR. n0i'e:ty IInikVmn !vdit Ta03 SEW Walla _ ' - . 07 Plena — Sections 24 40 24� - -- ___ Eleva flans _ A 32 24 Uplli doinll6 _ 11 82 R4 - --- __. — ..-.. 3 - 12 iZ,3 S eGticalbns - --- -'- Sub Tota s B4 128 "" $132.00 $t11.60 $94.20 $04.00 Biliing Ralea Sub olals $11088.00 $14,2B4.30 $ 289.60 Sum totals __ I,ebar Cos A 33,882.40 1C4 us B824 Mileage __ Expense Total $ 60.24 Expanses - Sub 00_Canaulfanls - $0, $ Shearer Da.9l0n LW, Personnl SeMees Agm mint I 1 EXHIBIT B-1 ROMPENSATIPN SUMMARY Shearerpeslgn��c. ;,, '.:i :?' 7Ask,Estimate ':Shearer son _ 200 707 7330 ProJam,_ 8,224th Street/167 Overcrossing Pate m 72/6/2014 CII of Kent Pu611a Works Chad Maron P.E. _. - - Oarroll Inouye P:E.__ Pro nrod l -' p __. . DRe ,-- - '253856-553M1 it Pdncl al SLEaBNeer Pm,enelnear Foy nn k,eer _.. -- ShcmcrS,E, eoheny ❑n O. PrvM Task4 Pro ect Adminlstrallon 4,1 Donlracl&66opin 0 - _ - 42 Sub consullanl agmelllents '- _ 4.3 Too 4.4 Taem Meelings -" 40 Desl nRaview 30%60%g0% __.. - - 4.b CoarClnallon -- - `-� -` su TolAI6 _ 1oe o 0 Puling Rates $162.00 $111.60 504.2D $04,M SUU Totale $14�330,00 $0.00 _.$0.00 Sum locals _ lapor Coe A 14336.00 Mlleago --- - _ 0 0 $ 0 gx ensna 1-3 Expense Tetal _ -- - Sub Censullscls shearer Deelgn 11.0 III Personal Servlmr;Agreement 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 Liabilitv 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 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an 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. 4. Professional Liabilitv insurance appropriate to the Consultant's profession. 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 $5,000,000 each occurrence, $5,000,000 general aggregate. I i EXHIBIT C (continued) 3. Professional Liability insurance shall be written with limits no less than $5,000,000 per claim and $5,000,000 policy aggregate limit. 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. 1 ® DATE(MMIDDIYYYY) �;coea® CERTIFICATE OF LIABILITY INSURANCE 2/13/2015 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 INSURERS), 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). CONT PRODUCER CT NAME: Comparly Michael J Hall&Company PHO"a Ext:360-598-3 alc No: Hall and Company EMAIL 19660 1 Oth Ave NE ADOREss:celti hallandQom an Poulsbo WA 98370 INSURERS AFFORDING COVERAGE NAIC# INSURER Aflartford Casual Insurance Company 9424 INSURED 12609 INSURER B.Tr rs Casualty and Surety of 31194 Shearer Design LLC INSURER C: 3613 Phinney Ave N#B INSURER D: Seattle WA 98103 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1980169855 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 OF INSURANCE ADDL SUBR I POLICY EFF POLICY EXP LIMITS LTR INSR MD POLICY NUMBER MMIDD/YY MMIDD/YVVY A GENERAL LIABILITY Y Y 52SBAIJ6571 2/9/2015 19/2016 EACH OCCURRENCE $2,000,000 DAMAGET TED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurre ce $300,000 CLAIMS-MADE El OCCUR MED EXP Any one person) $10,000 X OCP/XCUIBFPD PERSONAL&ADV INJURY $2,000,000 X Separation Insds GENERAL AGGREGATE $4,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 POLICY X PRO- LOG $ A AUTOMOBILE LIABILITY Y Y 52SBAIJ6571 21912015 19/2016 COMBINED I ,000000 IxANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X NON-OWNED pe�acaden DAMAGE $ HIREDAUTOS AUTOS A X UMBRELLA LIAB X OCCUR 52SBAIJ6571 19/2015 19/2016 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED I I RETENTION$ $ A WORKERS COMPENSATION 52SBAIJ6571 12/9/2015 /9/2016 X wC sTATu- 07H- WA Stop Gap AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE —] NIA E.L.EACH ACCIDENT $1,00Q000 (MandaOFFICERIMEM NH)E%CLUDED4 E.L.DISEASE-EA EMPLOYE $1,000,000 (Mandatary in BER If yyes,describe under ❑ESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000000 B Professional Lab:Claims Made 106223060 1111f2015 /11/2016 $6,000,000 Per Claim $5,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Project: S. 224th Street Bridge/SR167 Overcrossing The City of Kent is an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. This insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN '.. City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 W Gowe St Kent WA 98032-6019 AUTHORIZED REPRE ENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACO RD 25(2010/05) The ACORD name and logo are registered marks of ACORD SUPER STRETCH SUMMARY SUMMARY OF COVERAGE LIMITS This is a summary of the Coverages and the Limits of Insurance provided by the Super Stretch Coverage form SSO474 which Is included in this policy. No coverage is provided by this summary. Refer to coverage form m SS 04 74 to determine the scope of your Insurance protection. d, The Limits of Insurance for the following Additional Coverages are In addition to any other limit of insurance provided under this policy: Blanket Coverage Limit of Insurance:$150,600 Blanket Coverages Accounts Receivable- On/Off Premises N Computers and Media o Debris Removal Personal Property of Others Temperature Change Valuable Papers and Records-On/Off Premises Coverage Limit Brands and Labels Up to Business Personal Property Limit Claim Expenses $ 10,000 Computer Fraud $5,000 Employee Dishonesty (including ERISA) $25,000 Fine Ails $25,000 Forgery $25,000 Laptop Computers-Worldwide Coverage $10,000 Off Premises Utility Services—Direct Damage $25,000 Outdoor Signs Full Value Pairs or Sets Up to Business Personal Property Limit Property at Other Premises $10,000 Salespersons' Samples $ 5,000 Sewer and Drain Back Up Included Up to Covered Property Limits Surnp Overflow or Sump Pump Failure $25.000 Tenant Building and Business Personal Properly $20,000 Coverage-Required by Lease Transit Property in the Care of Carriers for Hire $10,c00 Unauthorized Business Card Use $ 5,000 o I I Form SS 84,15 09 07 Pago 1 of 2 0 2007, The Hartford The Limits of Insurance for the following Coverage Extensions are a replacement of the Limit of Insurance provided i under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy; Coverage Limit Newly Acquired or Constructed Property—180 Days Building $1,000,000 Business Personal Property $ 500,000 Business Income and Extra Expense $50.0,000 Outdoor Property $25,000 aggregate/$1,000, per item Personal Effects $25,000 Property Off-Premises $25,000 The following changes apply only if Business Income an,d Extra Expense are covered under this policy, The Limits of Insurari.ce for the following Business Income and Extra Expense Coverages are In addition to any other Limit of Insurance provided under this policy: Coverage Limit Business Income Extension for Off-Premises Utility Services $25,000 Business Income Extension for Web Sites $66,000/7 days Business Income from Dependent Properties $ 50,000 The following Limit of Insurance for the following Business Income Coverage Is a replacement of the Limit of lns.Uran.ce provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy: Coverage Limit Extended Business Income 90 Days The following changes apply to Loss Payment Conditions: Coverage Limit Valuation Changes Commodity Stock Included "Finished Stock" Included Mercantile Stock-Sold Included Page 2 of 2 Form SS 8415 09 07 COMMON POLICY CONDITIONS All coverages of this policy are subject to the following conditions, i i A. Cancellation (5) Failure to: 1. The first Named Insured shown in the (a) Furnish necessary heat, water, Declarations may cancel this policy by mailing sewer service or electricity for 30 or delivering to us advance written notice of consecutive days or more, except cocancellation. during a period of seasonal to unoccupancy;or 2. We may cancel this policy by mailing or delivering to,the first Named Insured written (b) Pay property taxes that are owing notice of cancellation at least: and have been outstanding for more than one year following the a. 5 days before the effective date of date due, except that this o cancellation if any one of the following provision will not apply where you conditions exists at any building that is <n are in a bona fide dispute-with the o Covered Property In this policy: taxing authority regarding payment w (1) The building has been vacant or of such taxes, N unoccupied 60 or more consecutive c"ry b. 10 days before the effective date of a days,This does not apply to: fl cancellation if we cancel for nonpayment a (a) Seasonal unoccupancy; or of premium. a x O b Buildings in the course of g c, 30 days before the effective date of construction, renovation or cancellation if we cancel for any other addition. reason. Buildings with 65% or more of the rental 3. We will mail or deliver our notice to the first units or floor area vacant or unoccupied � Named Insured's last mailing address. known are considered unoccupied under this to us. provision. ¢. Notice of cancellation.will state the effective (2) After damage by a Covered Cause of date of cancellation. The policy period will end Loss, permanent repairs to the on that date. building: 0 S. If this policy is canceled, we will sand the first (a) Have not started; and Named Insured any premium refund due. (b) Have not been contracted for, Such refund will be pro rats. The cancellation within 30 days of initial payment of will be effective even if we have not made or offered a refund. loss. (3) The building has: 6. if notice is mailed, proof of mailing will be sufficient proof of notice. ' (a) An outstanding order to vacate; 7. If the first Named Insured cancels this policy, _ (b) An outstanding demolition order; we will retain no less than $100 of the or premium., (c) Been declared unsafe by B. Changes governmental authority. This policy contains all the agreements between you (4) Fixed and salvageable items have and us concerning the insurance afforded. The first been or are being removed from the Named insured shown in the Declarations is building and are not being replaced. authorized to make changes in the terms of this policy This does not apply to such removal with our consent. This polioy's terms can be that is necessary or incidental to any amended or waived only by endorsement issued renovation or remodeling. by us and made a part of this policy. Form SS 00 0612 06 Page 1 of 3 b 2006,The Hartford COMMON POLICY CONDITIONS C. Concealment,Misrepresentation Or Fraud 1. Premiums This policy is void in any case of fraud by you as d 1. The first Named Insured shown in the relates to this policy at anytime. It is also void tf you Declarations: or any other insured,at any time,intentionally conceal a. Is responsible for the payment of all or misrepresent a material fact concerning; premiums; and 1. This policy; b. Will be the payee for any return premiums 2. The Covered Property; we pay. 3. Your interest In the Covered Property; or 2. The premium shown in the Declarations was 4. A claim under this policy. computed based on rates in effect at the time O. Examination Of Your Books And Records the policy was issued. 1f applicable, on each renewal, continuation or anniversary of the We may examine and audit ,your books and effective date of this policy, we will compute records as they relate to the policy at any time the premium in accordance with our rates and during the policy period and up to three years rules then in effect. afterward. 3. With our consent, you may continue this policy E. inspections And Surveys in force by paying a continuation premium for We have the right but are not obligated to: each successive one-year period, The premium must bet 1. Make inspections and surveys at any time; a. Paid to us priortotne anniversarydate; and 2. Give you reports on the conditions we find;and b. Determined in accordance with Paragraph. 3. Recommend changes. 2.above. Any inspections; surveys, reports or Our forms then in effect will apply. If you do recommendations relate only to Insurability and the not pay the continuation premium, this policy premiums to be charged. We do not make safety will expire on the first anniversary date that we inspections. We do not undertake to perform.the duty have riot received the premium. of any person or organization to provide forthe health or safety of any person. And we do not represent or 4. Changes in exposures or changes in your warrant that conditions: business operation, acquisition or use of 1, Are safe or healthful; or locations that are not shown in the Declarations may occur during the policy period: if so,we may 2. Comply with laws, regulations, codes or require an additional premium. That premium will standards. be determined in accordance with our rates and This condition applies not only to us, but also to rules then in effect, any rating, advisory, rate service or similar J. Transfer Of Rights Of Recovery Against Others organization which makes insurance inspections, To US surveys, reports or recommendations. Applicable to Property Coverage: F. Insurance Under Two Or More Coverages If any person or organization to or for whom we If two or more of this policy's coverages apply to make payment under this policy has rights to the same loss or damage, we will not pay more recover damages from another, those rights are than the actual amount of the toss or damage, transferred to us to the extent of our payment. G. Liberalization That person or organization must do everything If we adopt any revision that would broaden the necessary to secure our rights and must do coverage under this policy without additional nothing after loss to impair them. But you may premium within 45 days priorto or during the policy waive your rights against another party in writing: period, the broadened coverage will immediately 1. Prior to a loss to your Covered Property, apply to this policy. 2. After a loss to your Covered Property only if, at N. Other Insurance-Property Coverage time of loss,that party is one of the following: If there is other insurance covering the same loss a. Someone insured by this insurance; or damage, we will pay only for the amount of b. A business firm: covered loss or damage in excess of the amount (1) Owned or controlled by you;or due from that other insurance, whether you can collect on it or not. But we will not pay more than (2) That owns or controls you; or the applicable Limit of Insurance. Page 2 of 3 Form SS 00 05 12 06 i COMMON POLICY CONDITIONS c. Yourienant. L. Premium Audit You may also accept the usual bills of lading or a. We will compute all premiums for this policy in shipping receipts limiting the liability of carriers. accordance with our rules and rates. This will not restrict your insurance. b. The premium amount shown in the K. Transfer Of Your flights And Duties Under This Declarations is a deposit premium only. At the Policy close of each audit period we will compute the Your rights and duties under this policy may not be earned premium for that period. Any transferred without our written consent except in additional premium found to be due as a result the case of death of an individual Named Insured, th the audit are due and payable on notice t t the first Named Insured. If the deposit If you die,your rights and duties will be transferred premium paid for the policy term is greater a) to your legal representative but only while acting than the earned premium, we will return the within the scope of duties as your legal excess to the first Named Insured. representative. Until your legal representative is c The first Named Insured must maintain all . appointed, anyone having proper temporary records related to the coverage provided by cq custody of your property will have your rights and this policy and necessary to finalize the a duties but only with respect to that property,o premium audit, and send us copies of the b, same upon our request. m a 0 w L C N O Our President and Secretary have signed this po€icy. Where required by law, the Declarations page has also been countersigned by our duly authorized representative. , I � I Donald C.Hun%Swelary Juan Andrade,President seat 0 e—+ Form SS 00 05 112 06 Page 3 of 3 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care,custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) 'Bodily injury" or "property damage" purpose by you, any of your that occurred; or "ertipioyaes", "volunteer workers", 2 "Personal and advert sin injury" any partner or member (if you are O g in u a partnership or joint venture), or arising out of an offense committed ply member (if you are a limited before you acquired or formed the liability company), organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person(other than your"employee"or With respect to "mobile equipment" registered in . "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission, Any other'person or organization Any person or organization having proper responsible for the conduct of such person is so an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die,but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that prapa y,and However,no person or organization is an insured (2) Until your legal representative has with respect to. been appointed. a. "Bodily injury" to a co-"'employee' of the d. Legal Representative It You Die person driving the equipent;or Your legal representative if you die, but, b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed subsidiary S. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is Tess than 51 feet long and is not being used of which you own a financial interest of to`carry persons for a charge, any person is an rnore;than 50% of the Voting stock on the Insured while operating such watercraft with effective date of this Coverage Part, your permission. Any other person or - The insurance afforded herein for any organization responsible for the conduct of subsiolity not shown in the Declarations sLch person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation of the watercraft, and only if no other injury or damage,with respect to which an Insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be an insured under such policy but for its However, ;np person or organization is an termination or upon the exhaustion of its insured withlespect to: limits of insurance, a. "Bodily injury" to a oo-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft;or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision, the voting stock, will qualify as a Named 8. Additional Insureds When Required .By Insured if there is no other similar insurance written Contract,, Written Agreement Or available to that organization. However. Permit a. Coverage under this provision is afforded The parson(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier; and I Form SS 00 08,04 05 Page 11 of 24 The Harffnrd BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an edditional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the ekecution of the contract or course of business, in connection agreement, or the issuance of the permit: with the distribution or sale of the A person or organization is an additional ( products; insured under this provision only for that Demonstration, installatioh, period of time required by the contract, servicing or repair operations, agreement or permit; except such operations performed at the vendor's premises in However,no such person or organization Is an connection with the sale of the ipsuled under this provision if such product person or grganization is included as an additlonal Imured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled d d l or use as a b l reaee including all persons or organizations added or I as additional insureds under the specific container, part or ingredient of any add ft Iona l insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages, the vendor;.or a. Vendors (h) 'Bodily injury" or "property Any persons)or organization(s)(referred to damage" arcing out of the solo below as vendor), but only with respeat.ta negligence of the vendor for its below s or "property dama e" ect,t own acts or amissions;or those of Y injury" 9 g its employees or anyone else out of"your products" which are distributed acting on its behalf. However,this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part (€) The exceptions contained in provides coverage for "bodily Injury" or "property damage" included within the Subparagraphs(d) or(f);'or "products-oompleted operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests orservicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not`apply to: connection with the distribution (a) 'Bodily injury" or "'property or sale of the products. damage" for which 'ihe vendor is (2). This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into; accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract oragreement, b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change „ or in the product made intentionally injury', property damage y" b the vendor; "Personal and advertising injury" y caused, in whole or in part, by your (d) Repackaging, except. when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, Testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) W(th respect to the insurance afforded e. Permits Issued By State Or Political to these 'additional insureds, this Subdivisions insurance does not apply td any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment, performed by you or on your behalf for c, Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises;but (2) With respect to the insurance afforded only with respect to liability arising out to these additional . Insureds; this of the ownership, maintenance or use insurance does not apply to;, of that part of the ,land or premises (a) "Bodily injury 'properly, damage" (eased to you. or 'perso)Jal and advertising (2) With,respect to the 1(tsarance afforded injury" arising out of -operations to these .additional 'insureds, this performed for the state or Insurance does not apply to: rrlunlcipality;or (a) Any "occurrence" 'which takes (b) "eodlly injury"of property damage" place after you cease to lease that included Within the.- "products- land or be! a tenant in that completed'operationsnazard". premises;or f. Any Other Party (b) Structural alterations; new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on, through e. above, but ,only 'With behalf of such person or respect to liability for "bodily injury" organization. "property damage" or "personal ,and d. Architects, Engineers OrSurveyors advertising injury" caused;in whole or (1) Any architect,engineer, or surveyor; but in part, by your acts or omissions or only with respect to Ilabiiity for 'bodily the acts or omissions of those acting injury', " roe dams e" or " ersonal on your behalf: J ry. "property ty g P and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or amissions or ongoing oparations the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you;or (a) In connection with your premises; (c) In connection with"your work'and or included within the "products- _ (b) In the performance of your completed operations hazard", but ongoing;operations performed by only if you or on,your behalf, (1) The written contract or written (2) With respect to the Insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured;and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or personal and advert(sing injury" property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you,including: (2) With respect to the insurance afforded (a) The preparing; approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to; maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications;or failure to render, any professional (b) Supery, isory, inspection, architectural,engineering or surveying architectural or engineering servlces,including; activities. Form SS 00 98 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does 'not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, ,arising out of fire, lightning or drawings and specifications;or explosion. (b) Supervisory, Inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities: applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", Insureds are described in Section D. — Limits "properly damage" and medical expenses of Insurance, arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the other Insurance Condition The most we will pay for all medical expenses in Section P.--Liability"And Medical Expenses because of "bodily injury" sustained by any General Conditions: one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership; joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insurer!In the sum of all damages because of_ all the Declarations, "personal and advertising injury'sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization Is the Personal LIMITS C}FINSURANGE- and Advertising Injury Limit shown in :the Declarations. 1. The Most We Will Pay 5, Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit ts.the most we will pay under Business we will pay regardless of the number of: Liability Coverage far 'damages because of a. Insureds; "properly damage" to any one premises, while b. Claims made or"suits"brought; or rented to you,or in the case of damage by fire, c. Perschs or organizations making claims or lightning or explosion, white rented to you or g g,. temporarily occupied by you with permission of brio ill suits. Z Aggregate Limits the owner. The most we will pay for, In the case of damage by fire, lightning or explosion,the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included In the caused by the same event, whether such "products-completed operations hazard"is damage results from [ire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay on behalf of a person or organization Who is an additional insured injury", "property damage" or "personal and advertising 'injury including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit. issued by a state or political separately to each of your "locations" subdivision;or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations, same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in strest, roadway or right-of-way of a the Declarations and described in this Section.. railroad. Page 14 of 24 Form SS 00 08 04 05 i BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest Ilimlt of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses Iimlt set forth In Paragraph 3.above. (3) Cooperate with us in the investigation, settlement of the claim or defense -0iq urnits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to (4} Assist us, upon our request, in the any remaining period of less than 12 months,starting enforcement of any right against any with the beginning of the policy period shown in the Declarations, unless th@,policy period is extended person or organization that may be after Issuance for an additional period of less than 12 liable to the insured because of injury months. In that case, the ;additional period will be or damage to which this insurance deemed part of the last preceding period for purposes may also apply,d. Obligations At The Insured's Own Cost of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that fnsured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or in ur any expense, 'other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e; Additional Insured's Other Insurance the Insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part tnaIt may also be covered 2. Duties In The, Event Of Occurrence, by other insurance available to an Offense,Claim 00 Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the You or any additional insured must see to other insurer for defense and indemnity. it^ that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in'a claim. To written contract, written agreement or the extent possible; notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" Insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names'. and addresses of any Claim Or-Suit injured persons and witnesses; and Paragraphs a. and b, apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit' is "occurrence"or offense. known Ito: K Notice Of Claim (i) You;or any additional insured that is If a claim is made or "suit" is brought an individuaC against any insured, you or any additional O An 2 insured must: y partner, if .you or an additional insured is a partnership (1) Immediately record the specifics of the (3) Any manager, ;if you or an additibnet claim or "suit' and the date received; insured is limited ilabillt and y company; (2) Notify us as soon as practicable: (4) Any "executive officer" or insurance manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the claim or"suiP'as soon as practicable. (5) Any Uustea, if you or an additional insured is a trust;or c. Assistance And Cooperation Of The Insured O Any elected or appointed official,if you or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured, upon your representations. 3. Finanoiat Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury Coverage Part, we shall not=deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure; the extent of the coverage and limits of j. Other insurance insurance required by that law. If. other valid and collectible insurance is b. With respect to "mobile equipment" to which this Insurance applies, we will available for a lass We covet under this provide any liability, uninsured motorists, Coverage Part, our obligations are limited as underinsured motorists, no-fault or other follows: coverage required by any motor vehicle a. Primary Insurance law. We will proyide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also q, Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in a. this Coverage Form: below. a• To join us as a party or otherwise bring us b• Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured;or other insurance, whether primary, excess, b. Tc sue us on this Coverage Form unless contingent or on any other basis:. all of its terms have been fully complied (1) Your Work with. That is Fire, 'Extended Coverage, A person-or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an Insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire; lightning or explosion this insurance or that are in excess of the applicable limit of insurance. An agreed insurance for premises rented to you settlement means a settlement:and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability S. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of the owner; a. As if each Named insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft,"autos"or watercraft to a claim is made or"suit"is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipmi Use Of Elevators By accepting this policy, you agree: If the loss arises out of "properly (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k, of Section A.— representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (t ) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will 'pay only our share of insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum oft you covering liability for damages (1) The total amount that al] such other arising out of the premises or insurance would pay for the loss in the operations,or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self added as an additional insured by that insured amounts under all that other insurance;or insurance. (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurange provision and was not That is other(nsgrance available to an bought specifically to apply in, excess of the additional insured. Limits of Insurance shown in the However, the following provisions geclarations of this Coverage P. apply to other insurance available to c, Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this;approach, (a) Primary Insurance When each Insurer contributes equal amounts Required By Contract, until it has paid Its applicable limit of This insurance is ,primary if you insurance or none of the loss remains; have agreed in a written contract, whichever comes first. Written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other' contrbutlon by equal shares, we will ,,this is also primary, we will contribute by limits. Under this method;each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of Insurance to the total below, applicable limits of insurance of all insurers. (b) Primary And NorrContributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written if the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs(a)and (b)do not apply to apply to Medical Expenses Coverage. other insurance to which the additional 'V b Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogat#on) additional insured. When this insurance is excess, we will if, the insured has waived any rights of recovery against any person or have no duty under this Coverage Part io organization for all;or,paft of any Payment, defend the insured against any 'suit lfany including Supplementary Payments, we other insurer has a duty to defend the have,made under this Coverage Part, we Insured against that "suit", If no other insurer defends, also waive that right, provided the insured We Will undertake to do waved their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 ENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Shearer Design LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shearer Design LLC organized under the laws of the State of Washington, located and doing business at 3613 Phinney Ave. N. #A, Seattle, WA 98103, Phone: (206) 781-7830/Fax: (206) 281-1751, Contact: David Shearer (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 continue to design the S. 224th ' Street Bridge/SR 167 Overcrossing. For a description, see the Consultant's December 7, 2012 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 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 June 30, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Two Hundred Thirty Two Thousand, One Hundred Thirty Eight Dollars ($232,138.00), 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 Exhibit A. 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 thaw is ee igible 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 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. 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. 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: (signature) (signature) Print Name: l�m.�)Q ��lf d�d�p� rin a Suzette Cooke Its C1\d P Ma or (title) DATE: DATE: C 1 3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: David Shearer Timothy J. LaPorte, P.E. Shearer Design LLC City of Kent 3613 Phinney Ave. N. #A 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 781-7830 (telephone) (253) 856-5500 (telephone) (206) 281-1751 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO F RM:� i Kent Law Department I shearer-224"'3/Inouye 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 ��� y�� `S 2011 . By: _ Div ):) r �� For: /7� '—r9� Title: 6 V) Date; S—W _ — EEO COMPLIANCE DOCUMENTS - I CITY OF (CENT 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 20—• By:For: _ Title: Date: - EEO COMPLIANCE DOCUMENTS - 3 r EXHIBIT A 1- f +,� F SHEARED DESIGN LLc. ®EN DESIGN Lae um� Grid =pest Construction En In�erin Infraztr;c;ureAesihtics 3613 Phinney Ave N.#A Seattle,WA 98103 (206)781-7830 December 7, 2012 City of Kent Public Works 220 Fourth Ave S. Kent,WA 98032-5895 Attn: Chad Bieren, P.E. & Garrett Inouye P.E. RE: S. 224 In Street Bridge/SR-167 Overcrossing, Design and Bid Document Preparation (Project No. 99-3003) Dear Mr. Inouye: We will be pleased to assist the City with the continued design South 224 Street Bridge. Our work will pick up from the previous design effort. We will revise the plans accordingly. We appreciate the opportunity to work with the City of Kent again. Based on our discussions we understand our scope of work will be as follows. PROJECT DF-3CRIPTION The project involves design of a new overcrossing structure that will carry S. 2241h street over SR- 167 and 88" Ave S. The bridge is located in the City of Kent between the S. 2121h Street and Central Avenue exits on the Valley Freeway(SR167). PROJECT OBJECTIVES The goal of the"S. 224" Street Bridge/ SR-167 Overcrossing " is to construct a new overcrossing for S224th Street over SR-167 to enhance mobility in the City of Kent. This contract is intended to: Provide engineering services for the design of the new bridge and wall structures. ® Prepare contract bid documents for the project. ® Assist the City in interfacing with the WSDOT "Developer Services" section and with environmental permit development. PROJECT TEAM The project team is made up of the following firms: Owner City of Kent Prime Consultant SHEARER DESIGNLLC Structural Engineering SHEARER DESIGNLLC Roadway Design City of Kent Drainage& Utility Design City of Kent Permit Assistance Widener and Associates Geotechnical Engineering Geo Engineers contract thru City of Kent. 11SHEARERSERVERID-DriveIADMINIJob Contracts\C-0177 Kent S 224th1WP10177 Scope Letter Restart.dou SHEARER pry� E3 SHEARER DESIGN LLc. HE DESIGN1w �� Brldoe bezlq{Cpnstructlon 8nglncerinq,rfrastrucwreNeztlttics 3613 Phinney Ave N.#A Seattle,WA 98103 (206)781-7830 SCOPE OF WORK The project will be divided in to tasks as described and listed below. Task 1 Design Review Report We understand the City may have a separate"Value engineering" study performed on the project, and our role will be to provide information and give a presentation to the VE team. Included in this task will be: • Supply 30% plans • Provide information to VE team. Task 2 Plans, Specification and Estimate(PS&E) This task will include design and preparation of the bridge PS&E documents. The main focus of this task will be the structural engineering, specifications, engineers estimate and drawings for the new South 224" Street bridge, and the 88"Ave S. overcrossings. These items are to be included in the final bid package with other roadway and utility items. As required SHEARER DESIGN Will complete the required elements of the bid package and stamp the appropriate plan sheets and specifications. Included in this effort will be: • Structural engineering and analysis as required. • Plan sheets for the complete structure including the foundation, wing walls, abutments, main girders, center piers, barriers, utility hangers. • Specifications to include: GSP's, amendments &technical specifications as required. • Bid item list and descriptions. • Engineers estimate. Deliverables Review 30 Percent PS&E Submittal: Schematic drawings of bridge. • 60 Percent PS&E Submittal: Updated drawings and cost estimates following City review of the 30 percent submittal. Provide preliminary specifications list. 90 Percent PS&E Submittal: Updated drawings and cost estimates following City review of the 60 percent submittal. Provide draft bid items & specification. • 100 Percent PS&E Submittals: Final structural, plans, specifications and cost estimate. Task 3 Geotechnical Analysis We understand the geotechnical analysis and foundation recommendations will be prepared by, GEO Engineers Inc. working under separate contract to the City of Kent. Our work in this task will be to assist in developing a geotechnical exploration program and review the field data for use in the structural design. Included in this Task will be: Review of site geotechnical investigation and geological data 11SI-IEARERSERVERO-DriveIADMINWob ContractslC-0177 Kent S 224thWVPW177 Scope Letter Restart.docx i p{3'' "Ell SHEAPER DESIGN LLc. lie �Ell 6rldoN 7e5igiLLon5truction rwlwertngjnfrastrucfureAaAhtics 3613 Phinney Ave N.#A Seattle,WA 98103 (206)781-7830 Task 4 Permits This task will include support and coordination assistance to work with the City staff to help obtain the necessary permits for the project. The City of Kent staff will prepare and submit all required permits. Together with our sub consultant Widener & Associates we will work with the City to develop a permit strategy and help to ensure both the WSDOT and Environmental permits are sequenced on the project critical path. We suggest this task will be carried out thru a series of planning and coordination meetings at the City or WSDOT offices. Potential WSDOT permits will be: • General Construction • Air Lease Management • Maintenance Agreement • Ground Easement • Limited Access • Deviation • Maintenance of traffic. Deliverables ® Graphics as needed for individual permits. Task 5 SEW Walls (PS&E) This task will include design and preparation of the project structural earth walls (SEW). The main focus of this task will be the layout and design for the approach wall systems. As required SHEARER DESIGN WIII complete the required elements of the bid package and stamp the appropriate plan sheets and specifications. Included in this effort will be: • Wall type cost comparison • Engineering and analysis as required. • Plan sheets forthe complete SEW walls, utility penetrations and sidewalk details • Specifications to include: GSP's, amendments &technical specifications as required. • Bid item list and descriptions. Deliverables Revived 30 Percent Schematic drawings of SEW walls. • 60 Percent PS&E Submittal: Updated drawings and cost estimates following City review of the 30 percent submittal. Provide preliminary specification. 90 Percent PS&E Submittal: Updated drawings and cost estimates following City review of the 60 percent submittal. Provide draft bid items &specification. • 100 Percent PS&E Submittals: Finalize structural, plans, specifications and cost estimate. Task 6: Project Administration This task will cover the general project coordination & administration requirements for the contract. The invoicing and prime and sub consultant agreements will be prepared under the City of Kent guidelines with the required exhibits for billing rates and overhead markups. Included in this Task will be: \\SHEARERSERVER\D-DriveWDMIN\Job Contracts\C-0177 Kent S 224th=PW177 Scope Letter Restart.dou r�� SHEARER DESIGN EEc. SHE DE M-` NO !re 6ridq esion,Cnns cto Engineerinq,Infra GaeAeshEics 3613 Phinney Ave N.#A Seattle,WA 98103 (206)781-7830 • Scheduling • Sub consultant coordination and agreements • Invoicing • Team Meetings Assumptions & Other Items Drafting SHEARER DESIGN will provide all drafting on the structural sheets to match the Public Works format as required. All drawings will be prepared in AUTO CAD 2012 file format. The City will furnish all standard drawings, cover sheet and miscellaneous items as required. Full size stamped bond and electronic files provided to the City. Word processing The City will assemble the final bid package. SHEARER DESIGN will provide to the City all specifications, GSP's and other items in a WORD 2010 file format for inclusion with the bid documents. Items furnished by the City: Survey of the bridge site (AutoCAD 2010 base map file. 2'contours.) Right of way identification Wetland delineation Foundation Report Utility input Please see the enclosed spread sheet for a summary of our estimated cost & hours for this proposal. Thanks again for considering SHEARER oEsism to assist the City with this interesting project. If you have any questions or would like additional information please feel free to call. Sincerely, DAVID R SHEARER S.E. SHEARER DESIGN \\SHEARERSERVER\D-Drive1ADMIN\Job Contracts\C-0177 Kent S 224tn\WP10177 Scope Letter Restart.docx w ui a 1 n dm � li dON W U L N o m„ L N N UC7� m -' - _ ❑ N a N S L U UI p - - a Y Y O U -- - w - N W X N b c 7 O - N e Z � O H � O N h W c- a Z 0 o m U i a+ W - ul N d d b Em E W I IN G O U y O U � y v C N N C Q ry N < c E 42 W J N N N OI N m w m W a` D a K m U' a N a` U _ I L N _. 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( \D / . - 3 ) / / T--Ooo ' \ \ \ m § - - \ j mn . / ; 7� \ / \ \ } 22 - \ f ` ° \ \ ) \ . ca2 � - _ - : \ \ \ \ \\ \� \/ f/ n \ 2 ui w m m o o m N r o n m Lff1 C N M ff! O m of M Y1 O (D N 6h CIFCO CO O L N N fn fR f+4 � 1fT m _ o N ( O .K m U ❑ C U = x 0 N w O 15 O M N U w � LLI o m m m Y N o � N °� o ~ f9 0 n W o Q � � N G7 U 0 0 0 p 0 0 Z L N d O O ® N O 9 64 Z CA U O O O N W C C, O O (� L d J 1 CO N N Oc V M O O O a N ¢N u m u (j Nc\ N c J N O a m C �7 .N N 6 L r2 N c ma N � m N G N N a C O O � U U "6i 'r 01 N N J N !)- C 9 O R O a N x N C [J t9 N rl 7 V � c REQUEST FMAYOR'SO SIGNIATYRE I ETIT Please Fill in All Applicable Boxes � ���°RviewecUby Director Originator's Name: Garrett Inouye Dept/Div. Engineering" Extension: 5548 Date Sent: �) .q�' e6 Date-Re uired: sa a�t'c Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 3/31/16 VENDOR: Shearer Design LLC DATE OF COUNCIL APPROVAL 12/11/12 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for Shearer Design to provide design services for the S. 224th Street Bridge project. The original agreement expired June 30, 2014 and staff is looking to execute a new agreement to complete the design services. See the attached memo from Mark Howlett for further explanation. All Contracts Must Be Routed Through The Law Department ip prp4 to b�.cbfripleted by the Law Departm nt) 3 Received: Approval of Law Dept.: Law Dept. Comments: m Date Forwarded to Mayor: `' ;` Shaded Areas To Be Completed By Administration Staff Received: t ' ; � � Recommendations and Comments: Disposition: `=° /`'fi-� 's�/ r '� x' t , ueK$o. ' a�Fi� Mayo Date Returned: PUBLIC WORKS DESIGN ENGINEERING Mark Howlett, P.E. Design Engineering Manager 2204th Avenue South Kent, WA 98032 Fax: 253-856-6500 PHONE: 253-856-5500 Date: December 12, 2014 To: Mayor Cooke From: Mark HowlettA,.;- - Regarding: Consultant Services Agreement for the S. 224th Street SR 167 Bridge Structural Engineer (Shearer Design, LLC) In December 2012, the City Council authorized the Mayor to sign a consultant services agreement with Shearer Design LLC (Shearer) to design and assist with permitting for the S. 224th Street SR 167 Bridge Project. The contract was signed by both Shearer and yourself in January 2013. We inadvertently allowed the Contract to expire before extending it (the contract expired on June 30, 2014). We are recommending the City enter into a new Contract with the structural design consultant so that we can complete the bridge design and obtain the necessary permits to construct the SR 167 bridge. The original Contract was for $232,138. To date, the Consultant has spent $32,721 preparing the preliminary design for WSDOT's review and approval. Because you were authorized to sign a services agreement up to $232,138 we recommend a new contract be signed with Shearer Design for the remaining authorized amount ($199,417). Attached are the Kent City Council meeting minutes for the December 11, 2012 Council meeting as well as the original consultant contract. Attachments: 1. Kent City Council meeting minutes 2. Original Consultant Services Agreement City of Kent Public Works Department Timothy LaPorte, P.E., Public Works Director I Kent City Council Meeting December 11, 2012 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph, Ranniger, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) The Public Safety Report was removed from the agenda. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Mayor Cooke noted that this is the last Council meeting for City Clerk Brenda Jacober who is retiring after 37 years with the city. She read a proclamation commending Ms. Jacober and declared December 31, 2012, as Brenda Jacober Day in the city of Kent. B. Community Events. (CFN-198) Higgins encouraged people to go to the website to view upcoming events at the ShoWare Center. C. Neighborhood Council. (CFN-1304) Neighborhood Council Coordinator Toni Azzola introduced representatives from the White Horse Crossing neighborhood, and noted that this is the 24th neighborhood council in the city. E. Intergovernmental Reports. (CFN-198) Council members reported on issues discussed at the regional committees on which they serve. PUBLIC COMMENT 2013-2014 Biennial Budaet. (CFN-186) Marvin Eckfeldt, Doug Bassler, Manuela Ginnett, Andy Massagli, and Robin Lester commented on the budget (see Other Business Item Q. School Impact Fees. (CFN-775/961/1000) Andrea Johnson commented on school impact fees (see Other Business Item A). Emergency Management. (CFN-198) Melina Harris, 10516 SE 2191h St., Kent, stated that some important projects, including the Skilled Trades Disaster Response Project which trains construction works prior to a disaster, have been dropped, and asked for help. CONSENT CALENDAR Higgins moved to approve Consent Calendar Items A through U. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshops of October 23, October 30, November 14, November 17, and November 20, and the regular Council meeting of November 20, 2012, were approved. 1 '' Kent City Council Minutes December 11, 2012 B. Approval of Bills. (CFN-104) Payment of the bills received through October 31 and paid on October 31 after auditing by the Operations Committee on November 20, 2012, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 10/31/12 Wire Transfers 5251-5268 $1,469,011.16 10/31/12 Regular Checks 667792-668244 4,303,395.00 Void Checks 668044,668186, 668188,668203, 668206,668207, 668212,668219, 668223 (1,558.42) 10/31/12 Use Tax Payable 1,151.50 $5,771,999.24 Checks issued for payroll for November 1 through November 15 and paid on November 20, 2012, were approved: Date Check Numbers Amount 11/20/12 Checks 329783-329922 $ 87,933.09 11/20/12 Advices 306364-307001 1,265,615.35 $1,353,548.44 C. Neighborhood Council Resolution. (CFN-1304) Resolution No. 1866 recognizing the White Horse Crossing Neighborhood Council, supporting its com- munity building efforts, and conferring on it all opportunities offered by the City's neighborhood program was adopted. D. Worker Compensation Third Party Administration Consultant Agreement. (CFN-147) The Mayor was authorized to sign a consultant services agreement with Eberle Vivian in the amount of $51,250, subject to final terms and conditions acceptable to the Risk Manager and City Attorney. E. Valley Cities Association Memorandum of Understanding, Joint Funding Program. (CFN-122) The Mayor was authorized to enter into a Memorandum of Understanding between the cities of Auburn, Kent, Renton, Tukwila, Algona, Pacific, Fife, Puyallup, and Sumner fdr, planning, funding, and implementation of a joint funding program to address shared community public safety issues, subject to final terms and conditions acceptable to the Police Chief and City Attorney. F, Legislative Consulting Services Contract, (CFN-1216) The Mayor was authorized to sign the government relations consulting services agreement for 2013 with Outcomes by Levy, in the amount of $66,000.00 per year, plus agreed upon expenses, subject to final terms and conditions acceptable to administration and the City Attorney. 2 Kent City Council Minutes December 11, 2012 G. Hazardous Substance and Petroleum Brownfields Assessment Consultant Services Agreement. (CFN-825) The Mayor was authorized to enter into a contract with Stantec Consultant Services, not to exceed $385,000, for the purpose of con- ducting a community-wide assessment for Hazardous Substance and Petroleum Brownfields, subject to final terms and conditions acceptable to both the Economic and Community Development Director and City Attorney. H. Kent Downtown Partnership Consultant Agreement. (CFN-462) The Mayor was authorized to sign the 2013 Consultant Services Agreement with Kent Downtown Partnership in the amount not to exceed $33,600, subject to final terms and condi- tions acceptable to the Economic and Community Development Director and the City Attorney, I. 2012 4Culture Site Specific Performance Grant. (CFN-118) The Mayor was authorized to accept the Site Specific King County Performance Network grant from 4Culture in the amount of $6,500. Amendment of the budget and expenditure of funds were authorized in accordance with the grant agreement. J. 2013 Group Health Cooperative Contract. (CFN-147) The Mayor was authorized to sign the Group Health Cooperative of Puget Sound contract, subject to approval of final terms and conditions by the City Attorney. K. 2013 Federal Lobbyist Consultant Services Agreement. (CFN-1216) The Mayor was authorized to sign the consultant services agreement with VanNess Feldman, representing the City as our federal lobbyist, in an amount not to exceed $56,000, subject to final terms and conditions acceptable to the Economic & Community Development Director and the City Attorney. L. Human Services Funding Ordinance. (CFN-873) Ordinance_No,_4056, amending Chapter 3.40 of the Kent City Code altering the manner in which funds are dedicated to the Human Services account was adopted. M. Union Pacific Railroad/Pipeline Crossing Agreement. (CFN-1038) The Mayor was authorized to sign a pipeline crossing agreement between the city of Kent and the Union Pacific Railroad for the 64t" Avenue South Channel Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. N. 64th Avenue S. Channel Improvements, Phase II, Contract. (CFN-1014) The Mayor was authorized to sign a consultant services agreement with Shearer Design in an amount not to exceed $17,782.38 to provide structural engineering services for the 64th Avenue S. Channel Improvements Project Phase II, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 0. Upper Mill Creek Dam Improvements Contract. (CFN-119) The Mayor was authorized to sign a consultant services agreement with Integra Realty Resources in an amount not to exceed $10,500 to prepare appraisals for the Upper Mill Creek Dam Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 3 Kent City Council Minutes December 11, 2012 P. Public Utility Funds/Surplus and Disposal of Miscellaneous Materials. (CFN-239/1038) January 2, 2013, was set as the date for the public hearing to consider comments on the declaration of certain public utility equipment and materials as surplus. Q. Central Avenue Sidewalk/Stormwater Force Main. (CFN-117) The Central Avenue Sidewalk/Stormwater Force Main Project was accepted as complete and release of retainage to Road Construction NW, Inc., upon receipt of standard releases from the state and release of any liens was authorized. The original contract amount was $2,085,274.20. The final contract amount was $2,394,481.09. R. S. 231s' Way Right-of-WayAcquisition/Surplus. (CFN-239) The Mayor was authorized to sign the deed dedicating right-of-way for the South 231st Way Improvement project and to surplus the remaining property, subject to final terms and conditions acceptable to the City Attorney and.the Public Works Director. S. 72nd Avenue So. Design Contract. (CFN-1038) The Mayor was authorized to sign a consultant services agreement with Shearer Design in an amount not to exceed $15,000 to provide structural engineering services for the 72nd Avenue South Improvement Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. T. So. 2241h Street Extension Contract., (CFN-1308) The Mayor was authorized to sign a consultant service agreement with Shearer Design LLC for design and permit- ting of the South, 224`h Street/SR 167 Bridge in an amount not to exceed $232,138: subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. U. Human Services Commission Reappointments. (CFN-873) The Mayor's re- appointment of Ted Schwarz and Oriana Pon to the Kent Human Services Commission for an additional three-year terms was confirmed. OTHER BUSINESS A. Comprehensive Plan Amendment and Update to Kent City Code Regarding School Impact Fees. (CFN-775/961/ 1000) Planning Manager Charlene Anderson explained that one of the proposed ordinances is the annual update of the Capital Facilities Element of the Comprehensive Plan to include the facility plans of the Kent, Federal Way, Auburn and Highline School Districts, and the other ordinance updates Kent City Code to reflect the adjustment to school impact fees. Earlier in the meeting, Andrea Johnson, 1502 49tt' Avenue SW, Seattle, representing the Highline School District, said the District is likely to grow in the future due to development in Midway and that they are asking all jurisdictions within their boundaries to allow school impact fees. Rod Sheffer, 16009 71h Avenue SW, Burien, also of the Highline School District, thanked city staff, especially Charlene Anderson, for months of help on this issue. CAO Hodgson noted that an administrative fee had inadvertently been included in one of the ordinances, and that it has since been removed. 4 Kent City Council Minutes December 11, 2012 Higgins moved to adopt Ordinance Nos. 4057 and 4058 updating the Capital Facilities Element of the Kent Comprehensive Plan and Chapter 12.13 of the Kent City Code to incorporate the 2012/13 - 2017/18 Capital Facilities Plans of the Kent, Federal Way, Auburn and Highline School Districts, including updated School Impact Fees, and authorize the Mayor to sign an interlocal agreement with the Highline School District, as recommended by staff. Thomas seconded and the motion carried. B. 2012 Property Tax Levy Ordinance. (CFN-104) Finance Director Nachlinger noted that the proposed ordinance levies a property tax increase of 1% over the prior year, and that the total 2012 property tax levy is $20,247,518, which is $198,921 higher than last year. Higgins moved to adopt Ordinance No. 4059 levying the pro- perty taxes for the first year of the 2013-2014 biennial budget. Ranniger seconded and the motion carried. C. 2013-14 Operating Budget. (CFN-186) Hodgson explained that the eight ordinances and one resolution proposed provide for the cost reductions and revenue enhancements recommended by the City Council at various workshop and budget sessions to establish the 2013-2014 biennial budget and bring it into balance. He went on to explain each of the changes contained in the ordinances and resolution. Marvin Eckfeldt, 11428 SE 220th Street, commended the Council for changing the human service funding from 1% to a per capita amount, and for raising taxes. Doug Basler, 22716 126th Place, SE, spoke in opposition to the tax increases in the budget. Manuela Ginnett, Multi-Service Center, 515 W. Harrison, expressed appreciation for going to a per capita amount for human service funding. Andy Massagli, 25028 1041h Avenue SE, said that even though the city no longer has a fire department, it con- tinues to tax for one. Mayor Cooke disagreed with that statement and offered to meet with Massagi to explain the Regional Fire Authority issue. Massagli also suggested cutting everything by 10%. Robin Lester, CEO of Washington Women Education and Employment, 515 W. Harrison, thanked the Council for having the courage to stand behind their commitment to human services. Thomas moved to adopt Ordinance Nos. 4060 through 4067 and Resolution No. 1867, enacting the 2013-2014 biennial budget. Perry seconded. Higgins said although he is proud of the accomplishments which have been made, not enough cuts have been enacted and he will continue to look at repriontizing services. He said debt must be paid down and health costs considered, and that the Council will be evaluating the results of the BERK study. Perry said this budget is not perfect, it is a consensus. Boyce agreed that it is a step in the right direction and said the focus for 2013 should be reducing debt and finding a way for ShoWare and the golf course to pay for themselves. Regarding raising taxes, Ranniger pointed out that REET is down by 70% and that the Panther Lake Annexation has stretched the workload of employees. Ralph said that although the budget represents great progress toward stabilization, she has concerns including revenue projections, essential services, and the internal utility tax. She added that the budget feels unbalanced. Albertson also voiced 5 Kent City Council Minutes December 11, 2012 opposition to the budget, saying she is not comfortable with the cuts contained in it and she feels it doesn't address the needs of the citizens. Upon a roll call vote, the motion to adopt the ordinances and resolution enacting the 2013-2014 budget carried 4-3, with Boyce, Higgins, Perry and Ranniger in favor, and Albertson, Ralph and Thomas opposed. REPORTS A. Council President. (CFN-198) Higgins reported on the discussions which took place at today's workshop, which related to amendments to the Marketplace Fairness Act, and Equity and Social Justice. B. Mayor. (CFN-198) Mayor Cooke expressed her appreciation for the city's participation in the Puget Sound Roadmap for Education project. C. Administration. (CFN-198) Hodgson expressed appreciation to City Clerk Brenda Jacober for the work she does behind the scenes. D. Economic & Community Development Committee. (CFN-198) Perry announced that the committee will not meet in December. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human services Committee. (CFN-198) No report was given. G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198) Albertson said she may adjust the second meeting of each month and that she will provide that information by email. ADJOURNMENT The meeting adjourned at 8:45 p.m. (CFN-198) f Gus hz L�-11& 1', Brenda Jacobe/err, CMC City Clerk