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HomeMy WebLinkAboutPK17-124 - Original - Reid Middleton - Lake Fenwick Floating Walkway Replacement Oversight - 03/10/2017 e cu--& rid /1.-,m,,; gy', KENT /i/ /WASHINGTON Document II��ry�1�..�![]dry 14 s;on, 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 adccW 10877'_8„w,,14 • KENT wwawiuorou 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: /ken aw Department kr P:}PlarningVLake Ferwick\2017(Icating Walkway\Floatinq Walkway Replacement Oversiqht-Redd M,ddletarl-CONIRACI LI FEB 1 -1 2(,117 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 o0ooaoo0,0 t� amo 'n r o00000m000m M m ^ 01 0 ?.O PI ? mN N M. m r l0:O tn'm O.V Nlm m m A t` Ol ^ N N (I! N tD Ql m'm Le) 1" r I r, IN'to N N OIL 10 ID m E r ^ ^ r ^ N .- N N N l r -1 oo N tP . m,..T w N N Ja o O O O O OIO 0!Q W O m'o I0 to o O.O O O:O m Olo O''D cot y gWlBa a O Gal ' O W OI 1 0 N C.(DD (m O IO it V O O N x sqns o a' o 0 N U co Is laAeJl K E/ A h W N N N 3 LL O o O O O o o p p a6eapy� n fA O O Oi O co O O h } O m LL Y = 3 j 0 0 0 0 0 0 0 0 to O ID O o a O O o O O O o O O O o co C G V u. U ` .m to .m. co m. ,co N Y o 0oo0!0ppppp/� oo o' In' 0o00l00010 o J C ti�Of OIN N N_Nl-t1tND 1` N'W 1�.0) T CIO N�N O Obi m '31 x N f6 @ r'O .- r- .- �',N!r N, n�N.O V I fir V m N m V' cL4 �M� m N A FW r r I yd T 9 H O Ny 0 pp O 'O f+ m ol'O� co t`�O W mN'.v_N.�; 'V Im MN m!� taq O NO. I aC YQ F'-J L Ir rlr cm! cq y« m Q O) C .O+ co 2 Mil m m du. ¢ 3 v v r� l - N t'c U O d cLi d o o y y N N N Nil < � m ''�AA y L u v! C J (m N N m m m m m m N $ O e0 Em c A ¢ ' c O • m to v yy /� m m N V ) C d C') O) M r N N m tO O Q d J. _ O 0 L Tcu U o O r G ID m m O. m W o ~ JUN S c W O o o y= rn 3 r r O N N N V O O iy o tY C f9 N t0 a d E V w z W H m a o Q 3 a ' aZ0J� ON ' II N m a O W D W O o Ii Om foD or o �C- �d E W aUau v a` E0 QI CO 15- D ? N .A N Q U O tU 3 0 Q N OI O N vi = Y ,_ tU F N y C In .- (O y y J r0 Zo ` Y rn, c a 4 c aE x E L ml,el f- r4 ~ c A a, yl d p - � o o: m ola E c y -,ol 3 > Q' w E n to a y e d N cl� o c ? � � o y!�; H r A c m U m y � 6 U m'O o y i (D L U �'W 2 E 3v x wc '.,o'.'� � � a � a ~ c�'i °1 � °cI C1 �'.u � � y � c :n � � p 'c ~ d m� n o LL ;' m Q U c a 3 c' O dO� a a Lvci;3o� ao° � ` om vv � - io cL aaf ¢av> > twn aa ¢ a v mcm E 2 C._ m t N O m 7 Ly W n Q a is 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 Facebgok YouTube PLEASE CON sImsR THE ENV zmmmmsmros FORE Pmznrzmwr*zSs-MAIL 2 xa p r I i ti { r i r