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HomeMy WebLinkAboutPK13-143 - Original - Sollod Studio, LLC - Kent Valley Loop Trail Art Master Plan - 06/21/2013 Records Ma- gemen _ KEN7 Document WASHINGTON lftp- 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: Ellen Sollod Vendor Number: JD Edwards Number Contract Number: QK�3- N3 This is assigned by City Clerk's Office Project Name: Kent Valley Loop Trail Art Master Plan Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: �_,?i- a Termination Date: 12/31/2013 Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: Ronda Billerbeck (tp) Department: Cultural Detail: (i.e. address, location, parcel number, tax id, etc.): S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 • KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Ellen Sollod, Sollod Studio LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Ellen Sollod, Sollod Studio LLC organized under the laws of the State of Washington, located and doing business at 724 15th Avenue, Seattle, WA 98122, 206- 324-7644 (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: The artist will develop recommendations to guide the City's investment in public art as part of the Kent Valley Loop Trail project. The Public Art Master Plan will: • Identify a conceptual framework and strategic opportunities as well as priorities for artwork development • Recommend how and where artwork can be implemented to complement the KVLT goals • Clearly demonstrate ideas and be innovative in content and presentation See Exhibit A - Ellen Sollod Kent Valley Loop Trail Master Plan Description of Work 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 December 31, 2013. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $25,000 ($20,000 artist fee + up to $5,000 for production of art plan materials), including applicable taxes, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Payment 1: Completion of community meetings; research and analysis , September 20, 2013 $5000 Payment 2: Draft conceptual framework and approach October 11, 2013 $5000 (Review and Comment by the City by October 25) Payment 3: Draft art plan- on or before November 22, 2013 $5000 (Review and comment by the City by December 6) Payment 4: Final art plan December 31, 2013 $5000 Payment 5: Production of art plan materials December 31,2013 $5000 If the City objects to all or any portion of an invoice, it shall notify Vendor 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. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that 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. 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. If terminated by the City without cause, the consultant will be compensated for work completed to date. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 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. Use by the City of images included in the Art Plan will be governed by U.S. Copyright law and releases obtained for this specific project. Extraction or duplication of images for purposes unrelated to this project is not allowed. Any PDF's of the Plan posted on-line shall not be able to be downloaded. 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. 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 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 KEN By:— / By: re Pr (signature) Print Name: r s Pr t Na uzette Cooke Its P41Aerpaa- It Mayor (title) DATE: 0 I DATE: 6 / NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Ellen Sollod Ronda Billerbeck, Cultural Programs Manager Sollod Studio LLC City of Kent 724 15th Avenue 220 Fourth Avenue South Seattle, WA 98122 Kent, WA 98032 206-324-7644 (telephone) (253) 253-856-5055 (telephone) (facsimile) (253) 253-856-6050 (facsimile) APPR VED ASUTF : ` t 1/v�� Kent Law Department [In the field,you may enter the eleetronic filepat],where the contract has been saved) Exhibit A Ellen Sollod — Kent Valley Loop Trail Art Master Plan Description of Work May 29, 2013 • Participate in 2 community outreach meetings organized by the landscape architect • Research and analysis of current trail + Implement one additional community outreach strategy to encourage citizen involvement. • Collaborate with the design team on overall strategy and approach for trail development. • Create an "art overlay" for incorporation in landscape design report. • Provide a draft report for review and comment by the City followed by a final report in a pdf form, suitable for web or print. S 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. EXHIBIT B (continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. DATE(MM/DDNYYY) A o CERTIFICATE OF LIABILITY INSURANCE 06/2112013 III 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,sub)ectto 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 CONTACT CS&S/SPRAGUE ISRAEL GILES,INC. NAME FAX PHONE PO BOX 946580 (A/C,No,Ezt) (A/C,No) MAITLAND,FL 32794-6580 E-MAIL Phone -877-724-2669 ADDRESS Fax-877-763-5122 INSURERS)AFFORDING COVERAGE NAIC# INSURER American Casualty Company of Reading,Pennsylvania Y0427 INSURED INSURER B SOLLOD STUDIO LLC 724 15TH AVENUE INSURER C SEATTLE,WA 98122 INSURER D 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 FORTH I POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INS ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR I WVD I POLICY NUMBER MMIDp MMIDDNYYY GENERAL LIABILITY EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300,00 PREMISES(Ea occurrence) CLAIMS-MADE ®OCCUR ers $10,000 MED EXP(Any one pon) A Y N 1036467627 10120/2012 10120l2013 PERSONAL aADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPlOP AGG $2,000,000 POLICY PRC LOC JECT COMBINED SINGLE LIMIT $1,000,000 AUTOMOBILE LIABILITY (Ea accident) BOD LY INJURY(Per person) ANY AUTO ALLOWNED SCHEDULED BODILY INJURY(Peracoident) A AUTOS AUTOS N N 1036467627 10/20/2012 10/20/2013 HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION S TH- WORKERS COMPENSATION WRY LIMIATUTS OTS ERR AND EMPLOYERS'LIABILITY TORV LIMI ANY PROPRIETORlPARTNERIEXECI Y/N EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E L DISEASE-EA EMPLOYEE If yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT Eodily Injury by Accident-Each Accident $600,00 Stop Gap Liability 1036467627 10/2012012 10/20/2013 EmplyInjrybyDisease-Each s500,00 Bodily Injury by Disease- $1,000,00 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarks Schedule If more space is required) Certificate Holder is Named as Additional Insured -Designated Person or Organization.Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION City of Kent,WA Cultural Programs, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Parks,Recreation and Community Services THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS Kent,WA 98032 AUTHORIZE D REPRESENTATIVE �ria3u CGS' ©1988-2010 ACORD CORPORATION All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD cac2275 SB-300113-C (Ed 06/11) CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: City of Kent, WA Cultural Programs, Parks, Recreation and Community Services 220 Fourth Avenue South Kent, WA 98032 Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations The following is added to Paragraph C. Who Is An Insured: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to "bodily injury," or "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you SB-300113-C Includes copyrighted material of Insurance Services Office, Inc,with its permission Page 1 of 1 (Ed 06/11) Copyright, Insurance Services Office, Inc 2002 • 4^111�� KENT W ASH NOTCH Agenda Item: Consent TO: City Council DATE: June 18, 2013 SUBJECT: Kent Valley Loop Trail Art Master Plan Agreement - Authorize MOTION: Move to authorize the Mayor to sign the agreement with artist Ellen Sollod in the amount of $25,000 to serve as Artist Master Planner as part of the Kent Valley Loop Trail planning team, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: Parks Planning and Development has agreement with Berger landscape architects to develop a master plan for the Kent Valley Loop Trail project. The Kent Arts Commission recognizes the potential for this project to be a key amenity for Kent residents and visitors and desires to ensure that art is integrated in the project. An invitational call was issued to qualifying artists. Eleven artists applied and three were selected for interviews. The selection panel chose artist Ellen Sollod as the artist to serve on the Kent Valley Loop Trail master planning team. EXHIBITS: Draft Consultant Agreement with Ellen Sollod RECOMMENDED BY: Operations Committee BUDGET IMPACTS: CityArt Budget REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT , 1_ Reviewed by Director Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Ronda Billerbeck Dept/Div. Cultural Phone: x5055 Date Sent- 6�Me_Q1a- ��I71•11 1 ? Date Required: Return Signed Document to: Ronda CONTRACT TERMINATION DATE: 12/31/2013 VENDOR NAME: Ellen Sollod DATE OF COUNCIL APPROVAL: 6/18/2013 Brief Explanation of Document: This agreement is with artist Ellen Sollod in the amount of $25,000 to serve as Artist Master Planner as part of the Kent Valley Loop Trail planning team. ;•bps SM1_ `Ws ... . M K . J0 21 ZU13 City of Kent Attach Council Memo when applicable (This area to be completed by the Law Department) Received: Approval of Law Dept.: ;,i. ✓' ' r � Law Dept. Comments: Date Forwarded to Mayor. Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: JUN 2 1 2013 Disposition: 6�.2/�/3 pt� fib y /�yLf CtTYOFKENT CITY CLERK Date Returned: