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CONTRACT COVER SHEET
This is to be Completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor blame: Reid Middleton
Vendor Number:
JD Edwards Number
Contract dumber: ?)I -1-I - q
This is assigned by City Clerk's Office
Project Dame: Lake Fenwick Floating Walkway Replacement Oversight
Description ❑ Interlocal Agreement ❑ Change Order ❑ Amendment 0 Contract
❑ Other:
Contract Effective Date: 3/1.0/17 Termination Date: 12/31/18
Contract Renewal Notice (Days): 0
Dumber of days required notice for termination or renewal or amendment
Contract Manager: Lynn Osborn/BH Department: Parks Planning & Dev.
Contract Amount: 6,683.00
Approval Authority: ❑ Department Director NMayor ❑City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Construction administratino and oversight, including permit & bid process assistance, for
replacement of the Lake Fenwick Park Floating Walkway and Fishing Platform. Project will
use document set including design, drawings & specs prepared by consultant
Berger/ABAM in 2013.
Division Contract #PPD17-04
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KENT
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CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Reid Middleton
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Reid Middleton organized under the laws of the State of Washington, located
and doing business at 728 134`h Street SW, Everett, WA 98204 (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 will provide construction administration
and oversight services, including permitting and bid process assistance, for the replacement
of the floating walkway and fishing platform at Lake Fenwick Park.
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, 2018.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$56,683.00 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 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 '7f
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.
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 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.
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000)
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 th;is 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.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT: CITY OF KENT:
By: A Owl-�� By:
P ignature) I (signature)
Print Name: "5 P ii Na luzette Cooke
Its ?V'KC%O&LA it Mayor
2(tie)DATE: 17 7 DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Shannon Kinsella Bryan Higgins
Reid Middleton City of Kent
728 134 th Street SW 220 Fourth Avenue South
Everett, WA 98204 Kent, WA 98032
(425) 741-3800 (telephone) (253) 856-51113 (telephone)
skinsella@reidmiddleton.com bhiggins@kentwa.gov
APP d�V EIS AS TO FORM:
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CONSULTANT SERVICES AGREEMENT 5
(Over$2 0,000)
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: 4tal AdZ(0-4�2
Title: 41 1
Date: 7-1 //Z
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
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
SCOPE OF SERVICES
City of Kent
Lake Fenwick Floating Walkway Replacement
A. PROJECT UNDERSTANDING
The City of Kent(City) owns and operates Lake Fenwick Park in Kent,
Washington. The park includes a trail walkway that includes a floating
walkway section. The floating walkway section is also used for fishing access
to the lake. A separate fishing float also extends from the walkway into the
Lake. The City of Kent Park's and Recreation Department is planning on
replacing the existing floating walkway and fishing float at Lake Fenwick Park
in their existing footprints.
A construction document set including design,drawings, and specifications was
prepared for the project by another consultant in 2013. This design and
construction package will be utilized for the permitting and construction of the
project. This prepared design will be used for the project. No additional design
or modifications will be performed unless required as part of the regulatory
permit process for the project.
Funding for the permitting, bid, and construction phase of the project has now
been allocated and the City will be proceeding forward with the permitting and
construction of the replacement project in 2017.
The following is the scope of services for permitting, bid, and construction
phase services for the project. Reid Middleton, Inc. (Consultant) will provide
the following services:
B. SCOPE OF SERVICES
1. Permitting
The Consultant will assist the City in permitting the project including
State and Local pen-nits for the work. Because the lake is not navigable
waters and as long as there is no discharge of fill or dredge material into
the lake,the project will likely not require a Corps of Engineers Permit.
The project will require a Washington Department of Fish and Wildlife
Hydraulic Project Approval (HPA) permit. The project will require a
SEPA review and shoreline pen-nit process. The project may be exempt
from a shoreline permit since the floats are being replaced in their
existing footprints.
EXHIBIT A,Continued
It is assumed that DNR does not own any submerged lands in the lake
and a lease or permission from DNR is not required for the project. This
scope excludes any discussion or negotiation with DNR.
For permitting assistance services, the Consultant will prepare a project
description and the Joint Aquatic Resource Application for submission to
the WDFW and the City. The existing 1 1" x 17" drawings will be used
for submission for the HPA and shoreline permit processes.
The Consultant will submit the application and drawings to WDFW and
the City for the SEPA and Shoreline Permit exemption request and will
track the permit progress. The City shall pay the HPA application fee.
The Consultant will provide assistance including response to questions
and preparation of one revision to the permit drawings if requested.
The Consultant will be responsible for the SEPA and Shoreline Permit
exemption process for the project including the Environmental Checklist,
submittal of the JAR-PA application for the SEPA process and Shoreline
Permit, and tracking of the Shoreline permit or exemption. The
Consultant will answer technical questions from the City permitting
staff.
This work includes other permitting associated with the project including
a single pre-application meeting with WDFW and the City permitting
staff at the project site. Because this project is a repair and maintenance
type project it is unlikely that additional mitigation will be required for
the project, therefore this scope excludes any mitigation design. If
required by the agencies, mitigation services can be provided as
additional services.
The Consultant will be responsible for the application and submittal for
the Building Permit for the project, if required. The Consultant will
prepare the Building Permit application with materials prepared by the
previous consultant and provided by the City, submit the application
materials, and track the Building Permit process. The Consultant will
answer technical questions that arise during the Building Permit process
related to the floating walkway and fishing float replacement.
This scope of services does not include an updated wetland delineation
survey, geotechnical report, and any new calculations for the permit
process.
If minor changes to the design are required based on the regulatory
review and requirements, then a separate drawing(s) will be prepared
2
EXHIBIT A,Continued
identifying the required minor changes. The drawing(s) will be created
to correlate with the existing drawings as part of the overall bid package
for the project. This scope does not include extensive changes to the
design and construction documents. if the regulatory agencies require
grated floats or significant changes to the anchoring, abutment, or other
project elements, those services can be done as additional services or an
amendment prepared as requested by the City.
2. Bid Process
The City shall be responsible for final assembly, posting, and distribution
of the bid documents and administration of the bid process. This
includes preparation of the front end boilerplate contract documents and
assembly of the bid package utilizing the previously prepared drawings
and specifications and any amended drawings.
The Consultant will provide technical assistance during the bid process
including attendance at the prebid meeting, answering technical
questions during bid, and preparation of addendum for the project.
3. Construction Administration Services
The Consultant will lead the constriction administration for the contract.
This will include attendance at the preconstruction meeting, answering
Requests for information, and review of technical submittals.
The scope of services will include a minimum of two site visits to the
float manufacturing plant and is based on the assumption that the floats
will be manufactured in Washington. The scope will also include site
visits to the project site during anchor and float installation, abutment
construction, and a site visit for final punch list preparation. This scope
is based on a total of eight site visits during the course of construction.
The City shall prepare and issue contract documents,process pay
applications, process prevailing wage paperwork and process other non-
technical contractual documentation with the Contractor.
4. Exclusions
This scope of services excludes the following services. These can be
done as additional services under an amendment if required by the
agencies and requested by the City.
• Geotechnical borings and services
EXHIBIT A,Continued
• Habitat surveys and wetland delineations
• HPA fee, Building Permit fee, and all other.permit fees
• Cultural Resource investigation and report
• Mitigation design and documents
• Discussion,negotiations, or documents for DNR
clw1H:124Wf1201719131Kent Lake Fenwick Floating Walkway\Lake Fenwock Floating Walkway Scope
RM.docxlsmk
4
EXHIBIT A.Continued
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EXHIBIT A,Continued
Reid Middleton, Inc.
Exhibit "A" Schedule of Charges
Effective Julyl,2016 through June 30, 2017
L Personnel Hourly Rate
Principal ........-....... ........................... ................ .......... $200.00:-$245.00
Principal Engineer/Princiral I'lanner/Principal Surveyor..... .................. $200.00-$240.00
Senior Engineer/Senior P anner/Senior SUINCY01....................... ................... .............$ 175.00-$ 195.00
Project Engineer/Project Desi-ner/Pro,jeCt Surveyor/Project Planner........... ....... 135.00-S 165.00
Design Eng ineer/Desig tier 11/5esign echnician/Survey Crew Chief/
1 echnical Writer II/Gra hie Designer II... ..................... ............ .......... 110.00-S 130,00
Designerl/Planner/CAD Teeltriteiciia 1.1 $ 100,00-$ 115,00
Project Administrator................................. ....... ...—.......... $ 95.00-S 110.00
CAI)Technician I/Survey Tecliiiiciaii/Teclinician/TecinicaI Writer I — .......$ 70,00-S 100.00
Survey Crew(2 Pet-soii/RTK/RoboticJScannin,-)........................................................$ 170.00
Survey Crew(3 Persoii/GPS)....... .......................................................... S 260.00
Expert Witness/Forensic Engineering........... ....... ... 1.5 times usual hourly rate(4 hour minimum)
Individuals not in the re ular employ of Reid Middletonmay occasionally be engaged to ineet specific
'ect requirements. re
for such personnel will be comparable to charges for regular Reid
project
personnel.
A premium may be charged if project requirements make overtime work necessary.
zt,
(I. Equipment Rate
Design Software/Computer Aided Drafting.............. ....... ..................... ................$ 12.00/hour
III. Reimbursable Expense%
Local Mileage-Automobile ............ .............. ......... ........... ......... ....... ...........$ 0.65/mile
Local Mileage- Survey Truck ............ ........ ............................. .............. ............. ...$ 0.65/mile
FLxpenses that are directly attributable to the project are invoiced at cost Plus 15%, These expenses
include,but are not limited to,subconsultant or subcontractor services,travel and subsistence,
communications,couriers,postage,fees and permits, document reproduction,special instrumentation and
Geld equipment rental,premiums for additional insurance where required,special supplies, and other costs
directly applicable to the proJect.
A new schedule of charges is issued and becomes effective July I each year. Charges for all work,
including continuing projects initiated in prior years, will be based on the latestsOiedule of char-es.
IV. Client Advances
Unless the parties agree otherwise in writing, chat- es for the fibilowing items shall be paid by the client
directly,shall not be the responsibility of'Reid Mi,Ndleton,and shall be in addition to any fee stipulated in
the a reement: overnment fees, including permit and review fees;soils testing fees and costs;charges for
aerlphotogra Ity;and charges for monuments. If Reid Middletondeteri-nines in its discretion,to
advance any oTihese costs in the interet of the project,the amount of the advance,plus afifteen percent
administrative fee,shall be paid by the client upon presentation of an invoice therefore.
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 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 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 it 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 Liability insurance appropriate to the
Consultant's profession.
EXHIBIT B (Continued)
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, $2,000,000
general aggregate and a $1,000,000 products-completed
operations aggregate limit.
3. Professional Liability insurance shall be written with limits no
less than $2,000,000 per claim and $2,000,000 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 ANII.
EXHIBIT B (Continued)
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 Contractor 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.
,..
�� mz
Client#:320284 REIDMID
DATE(MMlDDIYYYY)
ACORD,. CERTIFICATE OF LIABILITY INSURANCE 2/14/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAMEE::CONTACT
USI Kibble&Prentice PR PHONE 206 441-6300 FAX 610-362-8528
AIC No Edt: AIC No
601 Union Street,Suite 1000 ADD RIEss: PL.CertRequest@usi.com
Seattle,WA 98101
INSURER(S)AFFORDING COVERAGE NAIC p
INSURER A:American Casualty Co of Reading 20427
INSURED INSURER B:Travelers Property Cas. Co.of 26674
Reid Middleton, Inc. INSURER C:XL Specialty Insurance Company 37885
728 134th St SW,Suite 200
INSURER D
Everett,WA 98204-7332 - —--
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUB POLICY EFF POLICY EXP LIMITS
LTR INSR WVD POLICY NUMBER MMIDD MWDDJY
A X COMMERCIAL GENERAL LIABILITY 3011014368 1110112016 11101/201 EACH OCCURRENCE $1 000 000
DAMA ETO RENTED
CLAIMS-MADE I X OCCUR PREMISES(Ea occurrence) S 1 OOO OOO
MED EXP(Any one person) S 10 000
PERSONAL&ADV INJURY $000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52,000,000
JECT LOC
��PRO- PRODUCTS-COMPlOP AGG S Z,000,OOO
POLICY X1
OTHER: S
A AUTOMOBILE LIABILITY 3011014375 1110112016'11101/201 EOM.'=IN
.d.r SINGLE LIMIT S1,000,000
X ANY AUTO BODILY INJURY(Per person) S
ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per acc dent} S
S
X HIRED AUTOS X NON-OWNED Peer.den DAMAGE
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DIED RETENTIONS $
B WORKERS COMPENSATION UB3940T461 0711212016 0711212017 X PERTLTE OTH-
AND EMPLOYERS'LIABILITY Y I N
ANY PROPRIETORIPARTNERIEXECUTIVE I (CA,HI&AK) E.L.EACH ACCIDENT S1 000 000
OFFICERIMEMBER EXCLUDED? � N 1 A
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S1 000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below __ __ E.L,DISEASE-POLICY LIMIT I S1,000.000
C Professional DPR9908284 11/01/2016 11101120171 $2,000,000 per claim
Liability $3,000,000 annl aggr.
I i
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE:RM Project#242017.005,Lake Fenwick floating Walkway Replacement.
The General Liability policy includes an automatic Additional Insured endorsement that provides Additional
Insured status to the Certificate Holder,only when there is a written contract that requires such status,
and only with regard to work performed on behalf of the named insured.
CERTIFICATE HOLDER CANCELLATION
City f K SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
ty o Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Parks,Recreation and Community Services ACCORDANCE WITH THE POLICY PROVISIONS.
Parks Planning&Development Division
220 Fourth Avenue South AUTHORIZED REPRESENTATIVE
Kent,WA 98032 A� _
01988-2014 ACORD CORPORATION.All rights reserved.
ACORD 25(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S198771111M19218147 SKAZP
i
This.page has been left blank intentionally
JV-
• t
Cara Policy#3011014358 s (Ed s0106)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL
INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH
C., OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional insured
Businessowners Liability Coverage Form is amended does not apply to "bodily injury," "property
to include as an insured any person or organization damage," "personal and advertising injury"arising
whom you are required to add as an additional insured out of an architect's, engineer's, or surveyor's
on this policy under a written contract or written rendering of or failure to render any professional
agreement; but the written contract or written services including:
agreement must be:
a. The preparing,approving, or failing to prepare
1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions,
term of this policy; and reports, surveys, field orders, change orders
2. Executed prior to the "bodily injury," "property or drawings and specifications by any
damage,"or"personal and advertising injury." services on a engineer
project of which you serve performing
B. The insurance provided to the additional insured is construction manager; or
limited as follows: b. Inspection, supervision, quality control,
1. That person or organization is an additional engineering or architectural services done by
insured solely for liability due to your negligence you on a project of which you serve as
specifically resulting from "your work" for the construction manager.
additional insured which is the subject of the 5. This insurance does not apply to "bodily injury,"
written contract or written agreement. No "property damage," or "personal and advertising
coverage applies to liability resulting from the sole injury"arising out of:
g negligence of the additional insured.
2. The Limits of Insurance applicable to the
a. The construction or demolition work while you
are acting as a construction or demolition
additional insured are those specified in the contractor. This exclusion does not apply to
written contract or written agreement or in the work done for or by you at your premises.
Declarations of this policy, whichever is less.
These Limits of Insurance are inclusive of, and not C. BUSINESSOWNERS GENERAL LIABILITY
in addition to,the Limits of Insurance shown in the CONDITIONS—Duties In The Event of Occurrence,
Declarations. Offense, Claim or Suit (Section E.2.) of the
=� 3. The coverage provided to the additional insured Businessowners Liability Coverage Form is amended
within this endorsement and section titled to add the following:
LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as
DEFINITIONS — "Insured Contract" (Section soon as practicable:
F.9.)within the Businessowners Liability Coverage 1. Give written notice of an occurrence or an offense
Form,does not apply to"bodily injury"or"property to us which may result in a claim or "suit' under
damage" arising out of the "products-completed
operations hazard" unless required by the written this insurance;
contract or written agreement.
SB-146968-A Page 1 of 2
(Ed.01/06)
SB-146968-A
(Ed.01/06)
2. Tender the defense and indemnity of any claim or against that "suit" If no other insurer defends, we
"suit" to us for a loss we cover under this will undertake to do so, but we will be entitled to
Coverage Part; the additional insured's rights against all those
3. Tender the defense and indemnity of any claim or other insurers.
"suit" to any other insurer which also has When this insurance is excess over other
insurance for a loss we cover under this Coverage insurance, we will pay only our share of the
Part; and amount of the loss, if any, that exceeds the sum
4. Agree to make available any other insurance of:
which the additional insured has for a loss we (a) The total amount that all such other insurance
cover under this Coverage Part. would pay for the loss in the absence of this
We have no duty to defend or indemnify an additional insurance;and
insured under this endorsement until we receive (b) The total of all deductible and self-insured
written notice of a claim or "suit" from the additional amounts under all that other insurance.
insured. We will share the remaining loss, if any, with any
D. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this
Businessowners Common Policy Conditions are Excess Insurance provision and was not bought
deleted and replaced with the following: specifically to apply in excess of the Limits of
2. This insurance is excess over any other insurance Insurance shown in the Declarations of this
naming the additional insured as an insured Coverage Part.
whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST
other basis unless a written contract or written OTHERS TO US (Section K.2.) of the
agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted
be either primary or primary and noncontributing and replaced with the following:
to the additional insured's own coverage. This 2. We waive any right of recovery we may have
insurance is excess over any other insurance to against any person or organization against whom you
which the additional insured has been added as have agreed to waive such right of recovery in a
an additional insured by endorsement. written contract or agreement because of payments
3. When this insurance is excess, we will have no we make for injury or damage arising out of your
duty under Coverages A or B to defend the ongoing operations or "your work" done under a
additional insured against any "suit" if any other contract with that person or organization and included
insurer has a duty to defend the additional insured within the"products-completed operations hazard."
SB-146968-A Page 2 of 2
(Ed. 01/06)
Osborn, Lynn
From: White, Tammy
Sent: Monday, February 27, 2017 8:00 AM
To: Osborn, Lynn
Cc: Rolcik-Wilcox, Cheryl; Higgins, Bryan; Martin, Allison
Subject: RE: Lake Fenwick Floating Walkway Replacement
Follow Up Flag: Follow up
Flag Status: Flagged
Lynn, my apologies for the delay in getting back to you on this, but I am just fine with this
change. If you need help unlocking the document to make the change, give Cheryl (5771) or
Allison (5791) a call.
Thanks.
Term White, Assistant City Attorney
Civil Division I Office of the City Attorney
220 Fourth Avenue South, Kent, WA 918032
Direct lone 253-856-5�774 I Fax 25'3-856-6770
twhite(d)KentWA.qov
CITY OF KENT, WASHINGTON
KentWA.gov Facebook ,,, YouTube
0 4 EASE CCWNSIDII-R h HIE", P4T BEFORE Plall IN HNG'11"HIS E-MAEL
THIS, MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS, MESSAGE, PLEASE
DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE.
From: Osborn, Lynn
Sent: Wednesday, February 22, 2017 9:59 AM
To: White, Tammy
Cc: Rolcik-Wilcox, Cheryl; Higgins, Bryan
Subject: FW: Lake Fenwick Floating Walkway Replacement
Hi Tammy.
This is a request from a consultant to add the word "negligent" to the Indemnification paragraph. The
previous contract she references and the scope for this new contract are attached for your reference.
What do you; think?
Thanks,
Lynn
From: Shannon Kinsella [mailto:skinsella@reldmiddleton.com]
Sent: Tuesday, February 21, 2017 11:10 AM
To: Osborn, Lynn
Cc: Higgins, Bryan; Carrie Wold
Subject: RE: Lake Fenwick Floating Walkway Replacement
Lynn
For the Lake Meridian Dock Replacement contract we requested and the City allowed the following change to the
indemnification clause of the contract agreement to add the word negligent as follows:
° . including all legal costs and attorney fees, arising out oforin connection with the Consultant's performance
mf this 4greenment.."
VVe would request that this same change be allowed for the Lake Femvvickcnmt,act. Please let me know |f the City will
accept this requested change for the contract. Uf so, please send me the revised page via email and U can substitute that
page in the hard copies I received or let me know if you! want me to add the word bv hand with initials bv both parties or
if you need tm send out revised hard copies.
Thank you,
Shannon
Shannon Kinsella, PE, P0MP
LEEDAP
D|rec1ur.YVa1or�ront EoQineadog
Reid Middleton
Engineers | P|anneno |Summymre
425-741-8013|CeU: 206-713'4854
From: Osborn, Lynn
Sent: Monday, February 13, 20173:O5PK4
To:Shannon Kinsella
Cc: Higgins, Bryan
Subject: Lake Fenm/ick Floating Walkway Replacement
Hi Shannon,
I want to let you know that have sent three contract documents via US Mail for your signature and
return, for Reid Midd|etom's assistance with the replacement of the Lake Fgw*vichf|Vating walkway.
Instructions for executing the agreements are included with them.
In the meantime I have attached the insurance requirements (Exhibit B\ for the agreement to this
message. Please have the attached Exhibit B sent to Reid y4idd!etoo\s insurance carrier with instructions to
email the certificate and eodorsernent(s) to me.
I will attach the insurance proof to the signed contracts so that the nnaylor can sign for the city. And as
always I will return a fully executed contracLfmr your records. Please let me know/ if you have questions
about the contracting process. Thank you.
Regards,
Lynn
LynmCisborn/ Parks Planning & Development Specialist
Parks, Recreation and Community Services | ParksP|aop�mgi & Development Division
220 Fourth Avenue South, Kent, VVA98O32
Direct Line 253-856-5111 | Main 253-856-5110
CITY OF KENT,wQASHINGTON
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