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HomeMy WebLinkAboutPK13-092 - Original - Berger Partnership P.S. - Contract - 06/12/2013 4ecords Manageme n Z�KNT WASHINGTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Berger Partnership Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Kent Valley Loop Trail Master Plan Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Termination Date: 2/28/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Brian Levenhagen Department: Parks Planning & Dev. Detail: (i.e. address, location, parcel number, tax id, etc.): Kent Valley Loop Trail Master Plan PPD Contract # PPD13-10 Cm (IMI3 s Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WA9HINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Berger Partnership P.S. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Berger Partnership P.S., organized under the laws of the State of Washington, located and doing business at 1721 8th Avenue North, Seattle, WA 98109, Greg Brower, 206-325-6877, gregb@bergerpartnership.com (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: Master Plan of the Kent Valley Loop Trail, as described and attached herein 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 by February 28, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety Eight Thousand, Five Hundred and Fifty Dollars and no/100 ($98,550.00), 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. CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) B. The Consultant shall submit Monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (Signature) (signature) Print Name. GIQ�C� jjl4owGJ� Pr nt N e Suzette Cooke Its IONNC/RAtL It Mayor (title) DATE: rP • G /3 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Greg Brower, Principal Hope Gibson, Manager Parks Planning & Dev. Berger Partnership City of Kent 1721 81h Ave. N. 220 Fourth Avenue South Seattle, WA 98109 Kent, WA 98032 206.325.6877 (telephone) (253) 856-5112 (telephone) N/A (facsimile) (253) 856-6050 (facsimile) APPR ED AS TO ORM: Kent Law Department CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this &I-,— day of_VIVA-0.- , 20/-� . By: For: f:ft PgR�iUEiel k!r 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 120 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 N4- 5.06.13 �' berger Hope Gibson Park Planning and Development Manager City of Kent 220 Fourth Avenue South Kent,WA 98032 Proposal for Landscape Architectural Services—Kent Valley Loop Trail Dear Hope We were very excited to learn we were selected to work with the City of Kent on a master plan for the Kent Valley Loop Trail (KVLT) This project excites us because of the opportunity to expand the experiences of trail users and be part of creating a very unique recreational amenity within the city.We look forward to making the most of the opportunities and challenges ahead Project Scope and Understanding The KVLT is proposed to be a recreational loop located entirely within the City of Kent approximately 12-13 miles in length The loop is mostly intact making use of the Interurban and Green River Trails The missing section is in the northwest area of the city, a warehouse and industrial district This project will propose a route to close the loop,improve trail safety and function,and enhance the experience for trail users. This proposal is structured around the proposed public involvement events.At this time we anticipate a sequence of three events or phases: 1, Visioning/Conceptual Ideas 2 Preferred Plan 3. Master Plan Presentation Each event will address two primary topics. Closing the loop and enhancing the loop. Closing the loop will focus on determining the best option to connect the Green River and Interurban Trails. Part of this effort includes establishing criteria for the connector to ensure it is safe and consistent with the existing trails, Enhancing the loop will focus on the safety and function of the existing trails,along with creating a memorable experience. Landscape Architecture Berger Partnership Ps 2063256877 Urban Design 17218th Ave bergerpartnershipcom g Seattle,WA 98109 50613 PARTNERSHIP Hope Gibson bercrpr Qty of Kent Proposal for Landscape Architectural Servkes—Kent Valley Loop Trail Page 2 of 6 Scope of Work Visioning/Conceptual Plan In this phase we will work with the city,community and stakeholders to establish a vision and conceptual ideas for the trail.This work includes meetings with the stakeholders and conducting a public involvement event. • Project kick-off meeting.Attend and participate in a meeting with the stakeholders, parks, public works, King County,Tukwila,and others as appropriate The goal of this meeting is to generate a list of the ideas, issues, and concerns that may affect the loop trail. • Participate in the selection of the project artist. • Work with city staff on a public outreach plan that may include mailers, newsletter additions, emails, postings,and trail signs. • Conduct a site visit to review existing conditions and possible routes to close the loop Record findings through photographs and plan notation. • Conduct inventory and research on the existing trail and existing documentation Prepare plans of existing conditions,constraints,and other improvement projects along the trail, • Review existing conditions for environmental concerns,provide options for trail treatments the respond to environmental conditions. • Establish goals and priorities for the master plan. • Identify 2-3 optional routes for closing the loop and locations or zones for enhancement This work will be based on work prepared by the city and narrowed to one or two options for further study. • Generate a list of trail enhancement opportunities.The intent is to inspire thinking at the public meeting not drive the design • Five possible enhancement zones have been identified: interurban,downtown, residential, open space/recreation, and industrial/warehouse. For each enhancement zone we will prepare 2-3 enhancement concepts. • Prepare exhibits for use in the public meeting. Exhibits may include plan graphics, sketches, and photographic images. • Conduct a public involvement meeting to obtain input on closing the loop and ideas for enhancement This meeting may be a trail event,or within a community space with an open house format Two primary stations will focus on closing the loop and enhancing the loop Conceptual ideas will be presented to inspire creative thinking and generate discussion. 506.13 PARTNERSH I Hope Gibson Mberger City of Kent Proposal for Landscape Architectural Services—Kent Valley Loop Trail Page 3 of 6 • Provide the visioning and conceptual plan presentation to the city in digital format for posting on the city's website for additional comment. • Attend two outreach meetings with the business owners in the area of the loop closure to address specific concerns. • Attend two meetings with city staff and stakeholders Tentatively one meeting will be prior to the public meeting to review the meeting content and structure and one meeting after to review the input. • Prepare a conceptual statement of probable construction costs for favored options • Provide coordination with the artist,design team,and city. Deliverables: Inventory and analysis plans, site photographs, research findings Goals and priorities Trail route options/diagrams Enhancement opportunities/conceptual ideas Plans and graphics for the public meeting Statement of probable construction costs Public meeting summary Preferred Plan In this phase we will focus the input and comments into a preferred plan.This plan will show the preferred option for closing the loop along with desired enhancement options • We will prepare a preferred plan that illustrates the loop trail, enhancement areas or zones. Enhancement areas will be studied with the appropriate level of detail • Prepare exhibits for use in the public meeting Exhibits may include plan graphics,sketches,and photographic images • Prepare a descriptive narrative that describes the character and design intent, identifies issues,and summarizes the priorities • Conduct a public involvement meeting to obtain comments on the preferred direction and the character of the enhancements. • Provide the preferred plan presentation to the city in digital format for posting on the city's website for additional comment • Attend two meetings with city staff and stakeholders Tentatively one meeting will be prior to the public meeting to review the meeting content and structure and one meeting after to review the input. 5,06.13 PARTNERSHIP Hope Gibson bercier City of Kent Proposal for Landscape Architectural Services—Kent Valley Loop Trail Page 4 of 6 Prepare a preliminary statement of probable construction costs. • Provide coordination with the artist,design team,and city. Deliverables: Preferred plans and graphics for the public meeting Public meeting summary Preliminary statement of probable construction costs Master Plan Presentation In this phase we will prepare the master plan documentation.This includes exhibits for presentation along with a master plan brochure that includes plans,graphics, images, narratives, and costs • Prepare exhibits for a master plan presentation This may include plans, sketches, and photographs • Prepare the master plan exhibits for a presentation to the City Council and/or Park Board,This meeting will be open to the public and will serve as the final presentation. • Provide the master plan presentation to the city in digital format for posting on the city's website for additional comment • Prepare the master plan document.This document includes plans,sketches, and photographic images that support the character and design intent The document will also include narratives,and statements of probable construction costs. Priorities for implementation will be provided. • Attend two meetings with city staff and stakeholders Tentatively one meeting will be prior to the Council/Board meeting to review the meeting content and structure and one meeting after to review the input • Provide coordination with the artist,design team, and city. Deliverables: Master plan presentation exhibits Summary of Council/Board input Master plan document 5.06.13 PARTNERSHIP Hope Gibson berger City of Kent Proposal for Landscape Architectural Services—Kent Valley Loop Trail Page 5 of 6 Assumptions • The City of Kent will provide plans, surveys, and other documentation to support the planning effort If additional material is required for the planning effort we will define what it is and provide a scope of work and fee as needed. • Meetings in addition to those listed will be provided as an additional service • Consultants such as traffic engineering, architectural,and environmental are not included If the need arises we will obtain a scope of work and fee proposal prior to engaging professional services. • Business outreach meetings are limited.Additional meetings to those proposed can be provided as an additional service Fees Based on the scope of services identified at this time,we have established a fee for landscape architectural services as follows- Berger Partnership $68,000.00 Toole Design Group $20,500 00 Watershed Company $5,000.00 Sub-consultant mark-up (10%) $2,550.00 Total $96,050.00 Estimated reimbursable expenses $2,500.00 Fees will be billed monthly based upon the percentage of work completed Services beyond those noted in this proposal will be billed as additional services on an hourly basis as follows,or lump sum fees can be negotiated Principal $175.00 per hour Associate $125 00 per hour Project Manager $100.00 per hour Landscape Architectural Staff $90.00 per hour Administrative Staff $55 00 per hour All accounts are due in ten days. Invoices not paid within 30 days of invoice date will be subject to late charges of 1%per month. If payment for services is not received within 90 days of the invoice date, all subsequent services and/or issuance of documents may be postponed until receipt of payment, unless special arrangements are made prior to providing the services 5.06.13 PARTNERSHIP Hope Gibson ' D a rge r City of Kent Proposal for Landscape Architectural Services—Kent Valley Loop Trail Page 6 of 6 Fees may be subject to renegotiation if the proposal is not accepted within 60 days. If the duration of the contract exceeds one year, hourly rates may be subject to annual adjustments at the anniversary date of the contract. If you have questions,would like more information,or wish to make any modifications, please do not hesitate to contact us.We look forward to working with you on the Kent Valley Loop Trail Sincerely, Berger Partnership PS Greg Brower Principal 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. 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. 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, $1,000,000 general aggregate and a $1,000,000 products-completed operations 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. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. DATE(MMIDDrNM ACORD. CERTIFICATE OF LIABILITY INSURANCE 6/6/2013 PRODUCER (206)621-6444 FAX (206)515-0560 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Gurry and Rogers Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1200 5th Ave. #1825 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle WA 98101 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA TRAVELERS INDEMNITY CO BERGER PARTNERSHIP, P.S. 114SURERB TRAVELERS PROPERTY CAS 1721 8TH AVE. N. INSURER INSURER D SEATTLE WA 98109 INSURER 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 RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED CR 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 INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICYNUMBER DATE(MMIDDIYY) DATE MMIOD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 GE TO RE X COMMERCIALGENERALLIABILITY PREMMSES(Ea occurrence) $ 300,000 A X CLAIMSMADE 7x OCCUR 16806173LS61 10/24/2012 10/24/2013 MED EXP(Any one person} $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRCDUCTS-COMPIOPAGG $ 2,000,000 17 POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,DO0,000 ALLOWNEDAUTOS BODILYINJURY $ SCHEOULEDAUTOS (Perperson) A X X HIREDAUTOS BA73L35606 10/24/2012 10/24/2013 BODILY INJURY $ X NON-OWNED AUTOS (Per accider-) PROPERTYDAMAGE $ (Per accident) GARAGELIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ A X EXCESSIUMBRELLA LIABILITY COP7681Y48O 10/24/2012 10/24/2013 EACH OCCURRENCE $ 3,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 3,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TpRY LIMNS I X ER EMPLOYER$'LIABILITY ANY PROPRIETORIPARTNERIF_XECUTIVE EL EACH ACCIDENT $ 1,000,000 A OFFICERIMEMBEREXCLUDEDI X6806173LB61 10/24/2012 10/24/2013 EL DISEASE-EA EMPLOYEE 1,000,000 It yes,descnbe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT S 1,000,000 OTHER $50,000 DEDUCTIBLE B PROFESSIONAL LIAR 105340249 10/4/2012 10/4/2013 $2,o00,000 OCCUR. $2,000,000 AGGRStATS DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate holder is named as additional insured as respects the operations of the named insured. re: Kent Valley Loop Trail CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Kent EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Hope Gibson, Manager Parka Planning & Dev 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT 220 Fourth Avenue South FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Kent, WA 98032 INSURER,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Kari DIJuIID/KD �Y ACORD 25(2001108) 0 ACORD CORPORATION 1988 INS025(Gros)ca AMS VMP Mortgage Solutions,Inc (800)327-W45 Page i of POLICY NUMBER: 16806173LB61 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Kent (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11)is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you CG 2010 1185 Copyright, Insurance Services Office, Inc., 1982 • KENT WASHINGTON Agenda Item: Consent TO: City Council DATE: June 4, 2013 SUBJECT: Berger Partnership Agreement for Kent Valley Loop Trail - Authorize MOTION: Move to authorize the Mayor to sign the Consultant Agreement with the Berger Partnership for $98,550.00 to develop a master plan for the Kent Valley Loop Trail, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: The regionally significant Green River and Interurban trails intersect near the southern tip of the city. The fantastic views of Mount Rainier and the Green River from these flat, paved, mostly off-road trails-- as well as their proximity to several other significant local destinations--contribute to the potential for a loop trail experience unique to the Puget Sound area. The goal of this project is to create a master plan for identifying a route for connecting the two trails at the northern end of the city, increasing the recreational value of the trails and adjacent parks, and better connecting the trails to the surrounding community. In order to achieve these goals, we will need to address some of the trails' current challenges, as well as balance recreational goals with other public priorities, including habitat restoration and flood control. The consultant was selected from a field of eleven landscape architecture firms who responded to the Request for Qualifications. The selection panel included representatives from Parks, Public Works, Economic and Community Development, the Arts Commission and Kent Parks Foundation. EXHIBITS: Draft Consultant Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: $98,550.00 in expenditures from the King County Paths and Trails budget. ,.00� REQUEST FOR MAYOR'S SIGNATURE K E N T Please FIII In All Applicable Boxes ""„1M rUM Reviewed by Director Originator's Name: Brian Levenha en Dept/Div. Parks Planning Extension: 5116 Date Sent: 6/12/13 Date Required: 6/13/13 Return to: Teri Petrole CONTRACT TERMINATION DATE: 2/28/14 VENDOR: Berger Partnership DATE OF COUNCIL APPROVAL: &/y a ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: Master Plan of the Kent Valley Loop Trail, a recreational loop entirely within the City of Kent approximately 12-13 miles in length, as described and attached herein as Exhibit A. %�# EW E JUN 12 Z013 City of Kent Mayor All Contracts Must Be Routed Through The Law Department (Thi§area to be.compieted by the Law Department) Received: Approval of Law Dept.: U Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: cJ� Recommendations and Comments: / Disposition: / Date Returned: