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HomeMy WebLinkAboutPK16-423 - Original - MacLeod Reckord PLLC - Lower Russell Road Levee Project Owner's Representative - 12/13/2016 Records M e m e DENT Document WASHIN GTON 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: MacLeod Reckord PLLC Vendor Number: ]D Edwards Number Contract Number: rKltQ ''1.,6 This is assigned by City Clerk's Office Project Name: Lower Russell Road Levee Project Owner's Representative Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: pZ )?) Termination Date: 12/31/2019 Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: Lynn Osborn/HG Department: Parks Planning & Dev. Contract Amount: $225 000.00 Approval Authority: ❑ Department Director ❑Mayor ®City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Consultant Agreement Agreement, jointly arranged by Parks Planning & Development Manager and Public Works Director, for a single point-of-contact who will represent the city's interests with multiple agencies and organizations throughout the Lower Russell Road Levee Project. Division Contract #PPD16-19 adccW10877_B_14 CONSULTANT SERVICES AGREEMENT between the City of Kent and MacLeod Reckord PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and MacLeod Reckord organized under the laws of the State of Washington, located and doing business at 110 Prefontaine Place South, Suite 600, Seattle, WA 98104 (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: As described in the attached Exhibit A, Consultant shall serve as the City's primary representative for the day-to-day project oversight related to the Lower Russell Road Levee Project, from design completion through construction of the project. 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 December 31, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $225,000, 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. 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: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 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 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 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. i 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 "l 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 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 CONSULTANT SERVICES AGREEMENT- 3 (Over$20,000) '.. 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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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 Code. K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: Co L By: igna ure) I ,r" j (signature) Print Name: 1V I Print Name: Suzette Cooke Its F. It5 / Mavor y title) _7 !+' DATE: / DATE: ' / fJ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Connie Reckord Hope Gibson MacLeod Reckord City of Kent Parks Dept. 110 Prefontaine Place South, Ste 600 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) 323-7919 (telephone) (253) 856-5100 (telephone) connier@macleodreckord.com hgibson@kentwa.gov APPROVED AS TO FORM: Kent Law Department P:\Planning\Van Dorens\MacLeod Reckord\Owner's Rep-MacLeod Reckord-CONTRAC .doca CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) 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. By: For: � �r g� P� f Title: Date: l� iLilu i a EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Project Representative for Lower Russell Road Project Page 1 of 3 SCOPE Consultant shall serve as the City of Kent's (City) Project Representative for the Lower Russell Road Project, from design completion through construction of the project, estimated to be complete by December, 2019. BACKGROUND The Lower Russell Road Project (LRRP) is a joint capital improvement project with King County Flood Control District (FCD) and King County Department of Natural Resources and Parks. The FCD is the primary funder, providing $27 million of the estimated $44 million project cost. Project partners are actively seeking additional funding, primarily in the form of grants, to enable the project to be constructed in one phase. King County Water and Land Resources Division (WLRD) of King County's Department of Natural Resources and Parks Department is acting as agent for the FCD in matters pertaining to the day-to-day management of the project. The City's role is as the primary property owner, both of the project site and many of the neighboring properties. City properties include portions of the Green River Natural Resources Area (GRNRA), Van Doren's Landing Park, Anderson Park, as well as Russell Road right-of-way and multiple individual parcels along the Green River. In addition, King County has purchased several commercial and residential properties for inclusion in this project. The project has multiple goals, including flood control, habitat restoration and preserving/enhancing public access and recreation. In order to achieve a balance among these goals, it was decided among the project partners that the City would hire a Consultant whose primary responsibility would be to represent the City throughout the remainder of design and construction. At the time of execution of this contract, the project is in between 30 percent and 60 percent design completion. RESPONSIBILITIES OF THE CONSULTANT The Consultant shall be the City's primary representative responsible for high-level oversight related to the LRRP. (The City's Project Manager shall continue to be responsible for day-to-day tasks). Consultant shall be a Co-Project Representative with the County's Department of Natural Resources and Parks, River and Floodplain Section Managing Engineer, who has been assigned that function, and shall work very closely with him. A key focus of the Consultant's work will be to represent the City in meetings pertaining to ongoing collaboration with the County and others to resolve questions pertaining to the design, construction and ongoing stewardship of the project and the project site. EXHIBIT A, Continued Project Representative for Lower Russell Road Project Page 2 of 3 Some of the questions are related to public safety and functionality of project components, project impacts to the GRNRA and other City-owned properties, and ensuring safe and appropriate public access to this important river corridor segment. The Consultant shall represent the City in interagency project meetings, and shall be involved in communications at all levels relating to the project. They shall coordinate with City staff on a frequent basis and be expected to brief City leadership on the project's status on a regular (monthly/quarterly, as appropriate) basis. The Consultant shall receive and review copies of all Design Development documents from the FCD, and provide to the City recommendations related to consistency with project concept and with the City's priorities for the project. Consultant shall not be responsible for technical review of any aspect of the project that does not fall under their professional license. During the design process, the Consultant shall play a key role in helping City and County staff resolve design issues arising from competing project priorities. The Consultant, in association with their Co-Project Representative, as well as the assistance of City and County staff, shall review all bids received for responsiveness, participate in investigating the responsibility of Bidders and deliver a written recommendation to the City about the award of, or rejection of, any bid or bids for each Contract for the Project in accordance with applicable law. During construction, Consultant shall attend all weekly construction meetings and work with the project team to resolve issues as they relate to meeting City goals for the project. Consultant shall also attend any site meetings necessary to resolve any issues requiring a change order to the contractor. The Consultant shall record the progress of the Project and provide written reports to the City on a monthly basis unless otherwise agreed in writing. Such reports shall include, without limitation, information about proposed revisions to the design that impact public access and/or recreation, flood control, or otherwise effect the City's project priorities; status of outstanding issues; summaries of meetings attended; as well as an overall status on the entire Project. The reports will not be substitution for, or address, the technical issues of the Project that are expected to be addressed by the Project designer/engineer. RESPONSIBILITIES OF THE CITY The City will provide a minimum of 72 hours notice to the Consultant for attendance at meetings, when possible. The City will provide the Consultant with all available and necessary contact information, design and engineering documentation, or access to on- line links in a timely fashion as required for the Consultant to provide meaningful analysis of, or input on, the Project. The City will provide additional technical resources EXHIBIT A, Continued Project Representative for Lower Russell Road Project Page 3 of 3 to the Consultant as may be required for the Consultant to provide the services outlined in the Scope of Work and as requested by the City. HOURS AND WORKSITE The Consultant shall not be required to keep designated hours and shall not be provided a designated work space. The Consultant shall work a maximum of 500 hours per calendar year, except by mutual agreement. The average of 500 hours per year will be prorated for the first and final year. The Consultant shall not delegate any of the responsibilities in this contract to another, without prior permission of the City, with the exception of project research and administrative work. RATE OF PAY The Consultant's rate of pay and charges for expenses will be as indicated in the attached 2016 Standard Hourly Billing Rate sheet, effective January 1, 2016. The Consultant Classification is established as Principal 2. Rates are subject to change annually. EXHIBIT A, Continued MacLeod Rechord I_andscape Architecture ® Phiining ® Urban Desion Standard Hourly Billing Rates Effective January 1, 2016 Classification Billing Rate/Hour Principal 1 $160. Principal 2 $150. Principal 3 $140. Landscape Architect 1 $130. Landscape Architect 2 $120. Landscape Architect 3 $115. Landscape Designer 1 $100. Landscape Designer 2 $ 95• CAD Technician 1 $100. CAD Technician 2 $ 95• Administrative/Finance Manager $100. Administrative/Marketing Manager $ 95. Administrative/Word Processor $ 80• Exnenses Color Plots $ 1.35/sf Bond Plots $ 0.75/sf Telephone, travel, photography, Cost + 10% lodging, vehicle/equipment rental, photography, per diem Mileage Prevailing IRS Rate INSURANCEEXHIBIT B REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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. A bATE(MM/DD/YYYY) e,�.,p.--- CERTIFICATE OF LIABILITY INSURANCE 11/18/2016 THIS CERTIFICATE ISIS$LED ASA MATTEROF INFORMATION ONLY AND CONFERS NO RIG HTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTERTHE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING I NSURER(S) AUTHORIZED REPRESENTATIVE OR PRODUCER.AN O THE CERTIFICATE HOLDER. j IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the Pollcy(es)must have ADDITIONAL IN$URFDuovIsIons or be endorsed If SUBROGATION ISWAIVED,subject to the termsand rand pions of the policy,certain policies may.require an endorsement.A statement on this cep tificate does not confer rights to the certificate holder in lieu of such endorseenerd(s). ___-___- PRODUCER CONTACT NAME: Jeffrey Westphal(7926323) PHONE PAX -r 2829 Rockefeller Ave (A/C,NO,EXT):425-3301140 (A/C,NO);888-265-5038 E-MAIL Everett WA 98201-3599 ADDRESS: jestphal@farmersagent.com - _ INSURER(S)AFFORDINGCOVERAGE NAIC4 INSURED INSURERa Truck Insurance Exchange 21709 _ MACLEOD RECKURD P L CC INSURER11 Farmers Insurance Exchange. 21652 110 PREFONTAINE PL S STE 600 INSURER c Mid Century Insurance Company_ _ 21687 INSURERD SEATTLE WA 98104 ' INSURERE INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SELL SWIT)TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD IN DIC.A'TED.NOTW I-HSTANOING ANY REQUIRWENT,,TERM OR CONDITION OFANY CONTRACT OR OTH FR DOCUMENTWITH RESPECf'TO WHICH THIS OERRFICRI E MAYBE ISSUED OR MAY PERTAIN.THE I NSURANCEAFFORDED BYTHE j POLICIES DESCRIBED HEREIN IS SUBJECT IO ALIT HE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CURNIS i I—NSR TYPE OFINSURANCE POLICY NUMBER ADDTL SUER r POLICYEFF POLICY EXP TO INSD VIVO I (MM/DD)YYVV) (MM/D LIMITS I X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ 2,000,000 X OCCUR DAMAGE TO RFNU-0 CIAIMSMADE REMISES(EP Ucau $ l once) 50D,e00i l MED EXP(My Foe person) $ 5,000 C Y N 606296699 09/01/2016 09/01/2017 PERSONAL&ADV INJURY $ 2,000,000 G EN'L AGGREGATE LIMIT AP PLIES PER GENERALAOGREGATE S 4,000000 X1 POLICY ❑ PROJECT LOC PRODUCTS COMPIOP AGC $ 2,000,000 OTHER: i - -- AUTOMOBILELIABILITY i COMBINED SINGLE LIMIT $ 2,OD0,D00' j fEa o<ndee0 I ^i ANY AUTO I BODILY INJURY(Per uerion) $ OWNEDAUr05 SCHEDULED - -- - D X AUTOS BODILY INj11RY(Pcr acdiden)$ ONLY 1606296699 09/01/2016 09101/2017 HIREDAUTOS X Ti-0WNED PROPERTY DAMAG' ONLY AUTOSONLY (Psl'acvltlen) a $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CtAIM$4.1ADE AGGREGATE $ ONO RETENTION$ $ WORKERS COMPENSATION PER OTHER 8 AND EMPLOYERS LIABILITY STATUTE ANY IJHVE HICEPARTNER/ YIN ( EL EACH ACCIDENT $ FXECITf NE OFI'ICER(MEMBEN N/A -- EXCLUDED?(Mmrdateryin NH) 1__- EL DISEASE EA EMPLOYEE Ify tles ribs and, DESCRIPT ION OF OPERATIONS b n F-L DIF ASC POLICY LIMIT $ - _J_-----L DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD I Of,Additional Remarks Schedtde,may be attached If frae space Is required) 110 PREFONTAINE PL S STE 600,SEATTLE,WA 98104 !Lower Russell Levee CERTIFICATE HOLDER CANCELLATION CITYOF KENT ( SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 220 4TH AVE S DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE W FTHTHE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,Jeffrey Westphal ACORD 25(2016/03) CU 1988-2015 ACORD CORPORATION.All Rights Reserved 31-1769 11-15 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 606296699 BUSINESSOWNERS BP 04 48 0197 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: CITY OF IUNT Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your ongoing operations or premises owned by or rented to you. BP 04 48 01 97 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 ❑ REQUEST FOR MAYOR'S SIGNATURE Routine}information: (ALL REQUESTS MUST FIRST RE ROUTED THROUGH THE LAW DEPARTMiENT), Approved by Drr . " f Originator: Lynn Osborn for Hope Gibson Phone (Originator):-5111 Date Sent: Date Required: 12f6f16 soonest please Return Signed Document.to: Contract Termination Date: Lynn Osborn 12f 31 f 2019 VENDOR. NAME: Date Finance Notified:Mi3.GLE0 REckOrd, i�LLG (Only required on contracts 1, p/ 1 8.:/1 20 000 and.over 0, on any Grant) a DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: 11 f 15f 16 (Required on Non-City standard Contracts/Agreements) Has this'. Document been Specificall Account Number: D20079 and D20060(PW Drainage tunas) Authorized in the Budge YES NO Brief Explanation of Document: This is a Consultant Services Agreement for this consultant to represent the city as a single "owner's representative" throughout the remainder of design and construction for the Lower Russell Road Levee Project along the Green River in Kent. The city is the primary owner of the property involved, which includes several parcels of park and recreational lands specifically impacted;by this joint capital improvement project. The project partners the city with the King County Flood Control District and King County Department of Natural Resources and Parks, and has multiple goals including flood control, habitat restoration, public access and recreation. This agreement was approved by city council on 11/15/16 and the amount of$225,000 is being charged to the Public Works Drainage budget.The project currently stands between 30 and 60 percent design completion. x 111 . fi =A l- a tt c He Routed Through The Law Departmenta h .07 (This area to be completed by the Law Department) t Received; Approval of Law Dept,Law Dept,De m ts: K* Date For c :if 1' LMI Shaded areas To Be Completed By Administration Staff :Received:' . Recommendations and Comments. Disposition: Date Returned: F iCrvlpsow.Woappem Pl9ecm^0 gnFxl o Y� N Mine 11x s KEN 'N.S INGTOu Agenda Item: Consent Calendar - 7E TO: City Council DATE: November 15, 2016 SUBJECT: Consultant Services Agreement with MacLeod Reckord for Owner's Representation on the Lower Russell Road Levee Project - Authorize MOTION: Authorize the Mayor to sign the consultant services agreement with MacLeod Reckord in an amount not to exceed $225,000.00, to act as the City's representative on the Lower Russell Road Levee project, subject to final terms and conditions acceptable to the Parks Director, the Public Works Director and the City Attorney. SUMMARY: The Lower Russell Road Project (LRRP) is a joint capital improvement project with the King County Flood Control District (FCD) and King County Department of Natural Resources and Parks. The City of Kent's role is as the primary property owner, both of the project site and many of the neighboring properties. Kent's property includes portions of the Green River Natural Resources Area, Van Doren's Landing Park, Anderson Park, as well as Russell Road right-of-way and multiple individual parcels along the Green River. The project has multiple goals, including flood control, habitat restoration and preserving/enhancing public access and recreation. In order to achieve a balance among these goals, it was decided among the project partners that Kent would hire a consultant whose primary responsibility would be to represent the City throughout the remainder of design and construction. At the time of execution of this contract, the project is between 30 percent and 60 percent design completion. RECOMMENDED BY: Public Works Committee YEA: Boyce, Fincher, Ralph NAY: BUDGET IMPACTS: The contract will be paid for with Drainage Funds.