Loading...
HomeMy WebLinkAboutPK10-013 - Original - Core Design - Matinjussi Wetland Delineation - 3/1/10 Records Man -a e- m en t KENT Document WASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Vendor Number: ZS� L4 Lt 0( JD Edwards Number Contract Number: PK o ` o This is assigned by City Clerk's Office Project Name: 4� '� (,ti tGl`t Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment Contract ❑ Other: Contract Effective Date: 1 o Termination Date: Ll f Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment 9 Contract Manager: f� Department: PCA ✓ Detail: (i.e. address, location, parcel number, tax id, etc.): V � C S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 • KENT W A 5 H I N G T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and CORE Design THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and CORE Design organized under the laws of the State of Washington , located and doing business at 14711 NE 29 Place #101, Bellevue, WA 98007 P: 425-885-7877 F: 425-885-7963 (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: Rough Wetland Delineation at the Matinjussi property near Panther Lake in Kent, Washington as described in the consultant's proposal dated January 8, 2010 attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I within 30 days. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nine Hundred Sixty Dollars ($960) 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 CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) an invoice. If the �-,ity objects to all or any portion of un invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) VII. INDEMNIFICA-iON. Consultant shall defend, h.uemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work 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. WOR K PERFORMED AT CONSULTANTS 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. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) XIII. MISCELLANEOUS OROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written - consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or 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. CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: signatur (signature) Print Name: �d� E. (0� l-w Print Na e: Jeff Watling Its: ��� ^� It Parks Director (tie) DATE: �/�' `'rol' DATE: 3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: David Cayton Brian Levenhagen CORE Design City of Kent 14711 NE 29 Place #101 220 Fourth Avenue South Bellevue, WA 98007 Kent, WA 98032 425-885-7877 (telephone) (253) 856-5116 (telephone) 425-885-7963 (facsimile) (253) 856-6050 (facsimile) Panther Lake Matinjussi Wetland Delineation I I CONSULTANT SERVICES AGREEMENT - 5 (Under$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the (five requirements referenced above. Dated this day of — - , 2010. By: For: I Lo Title: Date: 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. Dated this day of , 2010. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 s January 8, 2010 Attn: Gregory Goodman Allen Brackett Shedd 12320 NE 8" St., Suite 200 Bellevue, WA 98005-3198 Subject: Matinjussi Parcel, King County Parcel Number 0522059066 Proposal for Conceptual Site Planning Greg: Thank you for the opportunity to present the following proposal for conceptual site planning for the above mentioned parcel in King County. It is our understanding that you are requesting a conceptual site plan and limited feasibility analysis to estimate the amount of lots that could potentially be constructed on the 5.62 +/- acre parcel. I have visited the site and reviewed available information regarding the existing condition of the parcel. Based on this information and visual inspection from the adjacent public right-of- way, it appears that a significant portion of the site is encumbered by wetland. Wetland area and associated buffers can severely impact the developability of a parcel. Prior to conceptual planning, I propose that a rough wetland delineation be performed. We will coordinate the wetland delineation, performed by others. The wetland boundaries will be estimated during a field investigation and data points will be recorded along the wetland boundary with a handheld GPS unit. A title report will be ordered to determine any easements or other encumbrance that could affect the development of the parcel. Using this information, we will prepare a hand drawn sketch showing lots, roads, conceptual utilities, rough wetland boundaries and their associated buffers. We will also research potential offsite improvements required. The following proposed scope-of-work is intended to provide you with the information necessary to estimate the number of lots that could potentially be developed on the parcel: Scope-of-Work Estimated Fees I. Rough Wetland Delineation - Core will coordinate the $960 efforts of a wetland biologist to perform a field investigation to delineate the existing wetland boundaries and determine the appropriate buffer widths. This information will be recorded with a handheld GPS unit and will not be sufficiently accurate for final design. Il. Conceptual Utilities -- Core will research the availability of $1,200 existing utilities and estimate the extent of any necessary offsite and onsite improvements needed to serve a potential development. • r • • • °gi® ° ' ii e ' of •s • "•" • • 1/8/10 pg: 2 III. Conceptual Site Planning — Core will use the above $750 information to prepare a conceptual site plan showing potential lots, roadways and sensitive area tracts. IV. Meetings — Core will participate in meetings with you, the Hourly County and others as necessary for conceptual planning. V. Coordination — Core will coordinate with other consultants Hourly as necessary. The above fees are estimated fees. All work will be billed on a time and expense basis at the Core standard fee schedule. Reprographic, Autocad plotting, mileage and delivery expenses will be billed in addition to the above fees since these can vary widely. Core will be available to immediately begin design work on this project. Please contact us with any questions you may have regarding the above or attached. If this agreement is acceptable, please sign the authorization below and return one signed copy to our office. Sincerely, CORE DESIGN, INC. David E. Cayton, P.E. Principal, Senior Project Engineer Authorization: I have read and fully understand this Agreement and the General Terms and Provisions attached hereto and hereby authorize Core Design, Inc. to proceed with the work outlined in accordance with the terms of this Agreement for Professional Services. Approved for CORE DESIGN, INC. Approved for Client By: By: Title. Title: Date: Date: i I AGREEMENT FOR PROFESSIONAL SERVICES GENERAL TERMS AND PROVISIONS h STANDARD FEE SCHEDULE In the absence of any other provision,the current CORE DESIGN,ING,STANDARD FEE SCHEDULE vdll apply(copy available upon request). II. STANDARD PROVISIONS In the absence of any other specific written agreement,all of the following provisions shall apply: A. Professional Responsibility CORE DESIGN,INC.shall perform services consistent with skill and care ordinarily exercised by other professional consultants under similar circumstances at the time services are performed,subject to any limitation established by CLIENT as to degree of care, time or expense to be incurred or other limitations of this Agreement. No other representation, warranty or guaranty, express or implied, is included in or intended by CORE DESIGN, INC. services, proposals, agreements or reports. B. Estimated Fee Any estimated fee is based on the availability of the nearest survey control points of public records and the accuracy of public record data and/or any information provided by client. if any of the above is found to be missing or incorrect,an increase in the estimated fee may be necessary, C. Monthly Billing Fees and all other charges will be billed monthly as work progresses and the amount of each billing shall be due and payable ten(10)days after the date of such billing. Any portion of a billing not paid within thirty(30)days of the billing date shall be delinquent and shall bear a delinquency charge of one and one-half percent(1.5%)per month on the unpaid balance,but the delinquency charge or the payment thereof shall not extend the due date. If any billing is not paid In full within thirty(30)days after the billing date,then in addition to any other remedies available to CORE DESIGN,INC.,it may cease performing work upon delivery of written notice of its intention thereof to the client. If legal action is necessary to enforce the provisions of any contract,the client agrees to pay all attorneys'fees and court costs incurred In the prosecution thereof. D. Premature Termination If for any reason the client requests termination of the work prior to completion,CORE DESIGN,INC.reserves the right to complete such analyses and records as may be necessary to place its files in order and where considered necessary to protect Its professional reputation,to complete a report on work performed to date and CORE DESIGN,INC.shall be compensated for all services and expenses to complete such work. E. Disclaimer of Warranty CORE DESIGN,INC.makes no warranty,either express or implied,as to its findings,recommendations,specifications,or professional advice,except that the same will be prepared In accordance with generally accepted professional practice. No agent,employee or officer of CORE DESIGN,INC.has any authority to make such warranty as disclaimed above. All stakes and/or markers placed by CORE DESIGN,INC.in the course of providing its services are to be considered temporary and are not to be retied upon until preparation and delivery of the final survey drawing. All stakes and/or markers placed by Core Design,Inc.which have been disturbed or moved are not to be relied upon. F. Limitation of Liability Any and all liability,claim for damages,cost of defense,or expenses to be levied against CORE DESIGN,INC.by any person or entity will be limited to a sum not to exceed Twenty-five Thousand Dollars($25,000.00)or the amount of its fee,whichever is less,on account of any Injury or damage to persons or property or arising out of any design defect,error,omission,or professional negligence, Further,the client agrees to notify any contractor or subcontractor who may perform work in connection with or making use of any design,report,or study prepared by CORE DESIGN,INC.of such limitation of liability and require as a condition precedent to its performing the work,a like limitation of liability on their part as against CORE DESIGN,INC. If the client falls to obtain a like limitation of liability provision as to Injury or damage to persons or property,design defects,errors,omission,or professional negligence,any liability of CORE DESIGN,ING,and/or the client to such contractor or subcontractor arising out of alleged Injury or damage to persons or property,design defects,errors,omissions,or professional negligence shall be allocated between the client and CORE DESIGN,INC.in such a manner that the aggregate liability of CORE DESIGN,INC,shall not exceed Twenty-five Thousand Dollars($25,000.00)or the amount of its fee,whichever is less. Subject to the limitation of liability above,each party agrees to Indemnify,defend and hold harmless the other from any claim,suit,liability,damage,injury,cost or expense, including attorneys fees, (hereafter collectively called"Loss")arising out of a) breach of this Agreement or b)willful misconduct or negligence in connection with the performance of this Agreement. G. Lien Fee Should CORE DESIGN,INC.file a lien against the property due to non-payment of fees,there will be a charge of Seventy-five Dollars($75,00)in addition to the amount of the lien plus Interest. H. Authority and Liability of Slgnator Any person who signs this contract in any representative capacity (1) also signs in his individual capacity, (2) warrants his authorization to sign in the representative capacity,and(3)PERSONALLY GUARANTEES all obligations arising under this contract. I. Designs,Surveys,and Discoveries;Ownership and Reuse All designs,surveys,ideas,discoveries,inventions or improvements utilized or developed by CORE DESIGN,INC.hereunder shall be deemed property of CORE DESIGN,INC. CLIENT is given no right in the form of ownership or license to such items. Any documents furnished by CORE DESIGN,INC.are not Intended or represented as suitable for reuse by CLIENT or others;any reuse without specific written approval and/or adaptation by CORE DESIGN, INC.for the specific purpose intended will be at the rouser's sole risk and without liability or exposure to CORE DESIGN,INC. Any transfer of electronic data hereunder is solely for CLIENT's convenience AS IS without warranty as to contents,and is not project deliverable unless specifically agreed to the contrary. CORE DESIGN, INC. disclaims all warranties express or Implied with regard to any electronic data provided hereunder, including any warranties of merchantability or fitness for particular purpose. J. Agreement Conditions The prevailing party in any action to enforce or interpret provisions of this Agreement shall be entitled to recover all reasonable fees,costs and expenses,including staff time at current billing rates,court costs and other claim-related expenses to the extent of the limitation of liability. If CORE DESIGN,INC.is requested to respond to any mandatory orders for the production of documents or witnesses on CLIENTs behalf regarding work performed by CORE DESIGN,INC.,CLIENT agrees to pay all costs and expenses Incurred by CORE DESIGN,INC.not reimbursed by others in responding to such order,including attorneys fees,staff time at current billing rates and reproduction expenses. Any provisions of this Agreement held in violation of any law shall be deemed stricken and all remaining provisions will remain binding on the parties. The obligations of the parties to indemnify and the limitations on liability set forth in this Agreement shall survive the expiration or termination of this Agreement. This Agreement,consisting of all documents attached hereto,constitutes the entire agreement between the parties, and supercedes any and all prior written or oral agreements with respect to the subject matter hereof. No amendments hereto will be binding unless reduced to writing and signed by authorized representatives of each party.This Agreement shall be subject to the lays of the state from which services of CORE DESIGN, INC.are procured. • • ® ;- - • fil am• •S11 is' a ii •• • • i i STANDARD FEE SCHEDULE In the absence of any other specific written agreement, compensation to Core Design, Inc., (Core)will be computed as the total_of the following: Personnel Services 1. Time expended by office and field personnel will be converted to costs by multiplying the hours worked by the standard rates scheduled below. This rate schedule may be modified at anytime at the discretion of Core Design, Inc. Altered rates will be charged on projects in progress unless there is a specific language to the contrary in the project's agreement for services. 2. Overtime will be charged at 1.4 times the scheduled rates below. Overtime will only be charged if authorized by the client. Transportation/Travel Expenses - 1. Core Design, Inc. will charge for actual costs of travel and subsistence, plus 10%. Typical per diem rates average$75.00/nighUman. 2. Mileage will be charged at$0.55 per mile. CADD Plotting Services CADD plotting will be charged at$2.35 per square foot for mylar, $0.55 per square foot for bond, $2.35 per square foot for color bond plots, and$4.00 per square foot for color photo paper plots. Color printing will be charged per sheet as follows:$0.55/letter,$0.80/legal and$1.25/11"xl7"street. Other Direct Expenses Invoice cost to Core Design, Inc. +10% (telephones, materials, reproduction, other professional services, communications,computer charges,etc.). Court Availability/Testimony Court testimony/depositions, etc. will be charged at $190.00/hr for all licensed professionals. A 4-hour minimum will apply for each separate appearance whether actually testifying or only on call. BILLING RATE SCHEDULE-EFFECTIVE January 9, 2009 COD CLASSIFICATION $/HR COD I CLASSIFICATION $/HR E E P1 Principal In charge $166.00 S1 Senior Project Surveyor $140.00 P2 Senior Project Manager $156.00 S2 Project Surveyor $120.00 P3 Project Manager $146.00 S3 Surveyor $106.00 E1 Senior Project- $142.00 S4 Survey Technician $ 88.00 Engineer/Planner E2 Project Engineer/Planner $120.00 S5 2-Person Field Crew $148.00 E3 Civil Engineer/Planner $106.00 S6 3-Person Field Crew $171.00 E4 Design Engineer/Planner $ 94.00 S7 GPS Instrument time $ 48.00 LA1 Senior Landscape Architect $140.00 D1 AutoCAD Technician 1 $106.00 LA2 Project Landscape Architect $120.00 D2 AutoCAD Technician II $ 94.00 LA3 Landscape Architect $106.00 D3 AutoCAD Technician III $ 79.00 LA4 Landscape Designer $ 94.00 01 Administrative Assistant $ 68.00 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 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 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 $1,000,000 per claim and $1,000,000 policy aggregate limit. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the 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. /i ' AWRO, CERTIFICA', .= OF LIABILITY INSURAN..E 02 %zoi PRODUCER (425)822-3500 FAX (425)822-3510 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Conover Insurance Agency (K) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 11250 Kirkland Way ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Kirkland, WA 98033 INSURERS AFFORDING COVERAGE NAIC# INSURED Core Design, Inc. INSURERA: The Travelers Indemnity Co of America 14711 NE 29th P1 . , Ste.101 INsuRERB: Evanston Insurance Company Bellevue, WA 98007 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 6808185M709 10/15/2009 10/15/2010 EACH OCCURRENCE $ 2,000,00( X COMMERCIAL GENERAL LIABILITY DAMAGE PPFMISER (Fa nrrtirence) RENTED $ 300 000 CLAIMS MADE M OCCUR MED EXP(Any one person) $ 5,00( A X PERSONAL&ADV INJURY $ 2,000,00( GENERAL AGGREGATE $ 4,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY X jP COT" LOC AUTOMOBILE LIABILITY BA8412M530 10/15/2009 10/15/2010 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 1,000,000 ALL OWNED AUTOS BODILY INJURY $ (Per person) A X SCHEDULED AUTOS HIREDAUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ H ___ -_--- AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY SEE PRIMARY LIAB LIMITS EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ 6808185M709 10/15/2009 10/15/2010 WC STATU- OTH- WORKERS COMPENSATION AND R I "R EMPLOYERS'LIABILITY WA STOP GAP E.L.EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ -1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 SPECIAL PROVISIONS below OTHER AE818279 10/15/2009 10/15/2010 $110001000/$11000,000 Errors & Omissions B DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The city of Kent is additional insured per attached CG D3 81 09 07 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, The City of Kent Parks and Open Space BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 220 4th Ave S OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Kent , WA 98032-5895 AUTHORIZED REPRESENTATIVE [Mike Freeman/MIKEF ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) Y e COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE.READ IT CAREFULLY.. BLANKET ADDITIONAL'iNSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED(Section II)is amended to However,if you specifically agree In a"contract or Include any person or organization that you agree agreement requiring insurance"that the Insurance In a "contract or agreement requiring insurance" provided to an additional insured under this Cov- to include'as an additional Insured on this Cover- erage Part must apply on a primary basis, or a age Part,but: primary and non-contributory basis,this insurance a. Only with respect to liability for"bodily Injury", is primary to other insurance that is available to "property damage"or"personal injury";and such additional Insured which covers such addi- tional Insured as a named insured,and we will not b, If the injury or damage arises out of the per-. share with the other insurance,provided that: formance, by you or your subcontractor, of (1) The "bodily injury" or "property damage" for "your work" to which the "contract or agree- which coverage is sought occurs;and ment requiring insurance' applies, Such per- son or organization does not qualify as an (2) The "personal injury" for which coverage is additional Insured with respect to their inde- sought arises out of an offense committed; pendent acts or for "bodily Injury", "property after you have entered ,Into that Contract or damage" or "personal injury" for which that ; 'agreement requiring insurance". But this insur- person or organization has assumed liability once still Is excess over valid and collectible other in a contract or agreement. Insurance,whether primary,excess,contingent or 2. The insurance provided to the additional insured' on,any other basis,that is available to the insured by this endorsement Is limited;as follows: when the insured is an additional Insured under a. This Insurance does not apply on any basis to any other insurance. any person or organization for which cover- 4. The following Is added to Paragraph 8. Transfer age as an additional Insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to.this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): b. This Insurance does not apply 1:the resider,- We waive any rights of recovery we may have ing of or failure to render any. "professional against'any person or organization because of services". . _. payments we make for '.'bodily injury", "property..- c. The limits of Insurance afforded to the±adds damage"or"personal injury" arising out of"your tional insured shall be the limits which you work"performed.by yoU, or on your behalf, under agreed to provide in that "contract or agree- a"contract or agreement requiring insurance with ment requiring insurance",or the limits shown that person or organization. We waive these rights only where you have agreed to do so as In the Declarations for this Coverage,Part, part of the"contract or agreement requiring insur- whichever are less. This endorsement does, once" with such person or organization entered not increase the limits of Insurance stated in the LIMITS OF INSURANCE (Section ill)for "into by you before,and in effect when, the"bodily this Coverage Part. ' . Injury" or "property damage" occurs, or the "per- The following.is added to Paragraph a, of 4. sonal Injury"offense is committed, Other Insurance in COMMERCIAL GENERAL 5,. As:respects.the insurance provided to the addi- LIABILITY CONDITIONS(Section IV): tional Insured by this endorsement, the following definition is added to DEFINITIONS(Section V): CG 03 8109 06 0 Zoos,The`St,Paul Travelers I'nsuranckompanles,Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. COMMERCIAL GENERAL LIABILITY "contract or agreement requiring. insurance" a. After you have entered Into that contract or . means that part of any contract or agreement un- agreement; der which you are required to Include:a•person or. b. ,While that part of the contract or agreement 1s organization as an additional Insured on this Cov- . in effect;and erage Part, provided that the "bodily Injury" and "property damage" occurs, and the "personal in- c• Before the end of the policy period, jury"is caused by an offense committed:. All other terms of your policy remain the same, Page 2 of 2 ®2006,The St.Paul Travelers Insurance companies,Inc. CG D3 8109 06 Includes copyrighted material of Insurance Services office,Inc.,with Its permission,