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HomeMy WebLinkAboutPK13-202 - Original - D. A. Hogan & Associates, Inc. - Wilson Playfields Synthetic Turf Replace - 11/20/2013 Records Mamfhgement O KENT 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: D.A. Hogan and Associates Vendor Number: 628280 JD Edwards Number Contract Number: -Pk. 13 -a. c)a. This is assigned by City Clerk's Office Project Name: Wilson Playfields Synthetic Turf Replacement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Termination Date: 6/30/2014 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Hope Gibson Department: Parks Planning & Dev. Detail: (i.e. address, location, parcel number, tax id, etc.): Design through construction of synthetic turf replacement PPD Contract # PPD13-20 P.\Planning\Wilson PlayFelds\Turf\DA Hogan-Synthetic Turf Replacement CD's\DA Hogan-Wilson Turf Replacement-CONTRACT COVER SHEET docx \114 KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and D.A. Hogan & Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and D.A. Hogan &Associates, Inc. organized under the laws of the State of Washington, located and doing business at 119 1" Avenue South, Suite 110, Seattle, WA 98104; David L. Anderson, davea@dahogan.com, (206) 285-0400 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described and attached herein as Exhibit A: Provide landscape architectural services, from design through construction, for the Wilson Playfields Synthetic Turf Renovation project. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by June 30, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty-Six Thousand, Four Hundred Fifty dollars and no cents ($26,450.00), 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. f 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) i 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. i 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 sub3ect 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 Agreement. However, should an language in an documents are hereby made a part of this g YY 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: P int Suzette Cooke Its It Mayor (title) DATE: DATE: i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: David L. Anderson Hope Gibson D.A. Hogan & Associates, Inc. Parks Planning & Development 119 15t Avenue South, Suite 110 City of Kent Seattle, WA 98104 220 Fourth Avenue South Kent, WA 98032 (206) 285-0400 (telephone) (206) 285-0480 (facsimile) (253) 856-5112 (telephone) (253) 856-6050 (facsimile) APPR VED AS , O FO M: Kent Law Department P\Planning\Wilson Playfelds\Turf\DA Hogan-Wilson Turf Replacement-CONTRACT door CONSULTANT SERVICES AGREEMENT - 5 (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. I ITNESS, the parties below execute this Agreement, which shall become effecti n e last date entered below. CONS L A CITY OF KENT: j I i By. By. (signature) (signature) Pri t ame: '10 _P_.f'Soo Print Name: Suzette Cooke Its PC;A GY l0 t f-�i A', v\-e- ,C- Its Mayor I (Gtl DATE: U)U.t5. 10 13 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: David L. Anderson Hope Gibson D.A. Hogan & Associates, Inc. Parks Planning & Development 119 1" Avenue South, Suite 110 City of Kent Seattle, WA 98104 220 Fourth Avenue South Kent, WA 98032 (206) 285-0400 (telephone) (206) 285-0480 (facsimile) (253) 856-5112 (telephone) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department P.\Planning\Wllsan Playfields\Turf\OA Hogan-W1Wn Turf Replmment-CONTRACT d= 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 ontractor, that the Prime Contractor complied with the requirements as set forth abov . By signing e oV ee to fulfill the five requir_ements referenced above. Dated thi day of N0JVe-M�s , 201.3. By: For: Koaa,,\ 4- >SOG �G4_4e f, C. Title: <S(1 Date: �� 15 9013 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 If 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. I 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: i Date: I l EEO COMPLIANCE DOCUMENTS - 3 i October 1, 2013 ! Hope Gibson KITDA HOGAN City of Kent Planning& Development Parks, Recreation &Community Services Proposal for Professional Engineering& Landscape Architecture Services for the Wilson Playfields Synthetic Turf Replacement PROJECT UNDERSTANDING D.A. Hogan&Associates,Inc.is pleased to submit this Scope of Services and Fee Proposal for the proposed synthetic turf field replacement at the Wilson Playfields The project schedule is assumed to have construction occurring during the winter of 2014 with the following scope of work: 1. Removal of existing infilled synthetic turf 2. Repair/re-grade existing permeable aggregate base 3. Expand the synthetic turf surfacing areas to encompass the current rubberized warning track 4 Repair existing edge anchor as required 5. Modifications to the existing perimeter fencing and netting 6. Install new mfilled synthetic turf system Attached please find the following: Schedule A-Scope of Services Schedule B-Fee Proposal Please do not hesitate to contact me if you need further information. On behalf of D.A. Hogan & Associates,we look forward to working with the City of Kent on this project. i Sincerely, D vid Anderson PE, rincipal D ogan&Associates, Inc. D.A Hogan&Associates,Inc. (206)285-0400 Tel 119 1'`Avenue South,Suite 110 (206)285-0480 Fax Seattle,WA 98104 25X 11;_z7 SCHEDULE A Professional Consulting Services for Wilson Playfields Synthetic Turf Field Replacements SCOPE OF SERVICES 1.1 PHASE 1—CONSTRUCTION DOCUMENT DESIGN PHASE A. Final design of all systems and components B. Working drawings and construction details. C Prepare a proposed design and construction schedule for review and approval by the Owner D. Confirm design program elements and areas of responsibility with Owner E Participate in planning meetings to establish a final scope of work and construction for the project F. Facilitate synthetic turf workshop and technical presentations for the Field Committee if requested G. Calculation of construction cost estimates H. Consultation to Owner as requested I. Construction specifications J. Bidding documents K. Update construction estimates as appropriate. Configure bid documents to keep project within estimated MACC 1.2 PHASE 2—BIDDING PHASE A. Attend pre-bid conference. B. Respond to questions by prospective bidders and subcontractors. C Issue information for inclusion with addendum(s) as may be appropriate. D. Review of bids received, consultation and recommendations to Owner for award of applicable items. 1.3 PHASE 3—CONSTRUCTION PHASE A. Coordinate and attend pre-construction conference with role of Owner's Representative. Distribute minutes as appropriate. B. Endorse for approval or disapproval all materials and equipment submitted by the Contractor. C Attend construction progress meetings with the Contractor and Owner. Take meeting minutes and distribute as appropriate D. Conduct surveillance of construction to include visits to the site to observe the progress and quality of the work Inspections to be coordinated and will occur concurrent with weekly construction meetings at the following approximate schedule: 1. After turf removal at completion of finish radio adjustment to the existing p grading 1 g permeable aggregate base 2. At completion of the seaming of turf and installation of the inlaid lines and markings prior to the installation of the infill materials Wilson Playfields Turf Replacement Study Scope of Work and Fee Proposal Page 2 of 4 3. At completion of field surface and Infill installation to generate a punch list and to establish substantial completion 4. After completion of all punch list items to certify final acceptance E. Monitor construction progress and quality with decisions relative to contract performance. Document all progress with reports as appropriate. F. Issue instructions for and of the Owner to the Contractor and prepare RFI,field directives and changes orders, if applicable G. Guard the Owner against deficiencies in the work and approve or disapprove work in conformance with the contract documents H. Keep the Owner advised as to the progress of the work. I Assure for the Owner that the completed project will conform to the requirements of the contract documents. J. Complete substantial completion inspection and generate and distribute discrepancy(punch list) items K. Review and process contractor progress payment requests. L. Prepare and execute on behalf of the owner all changes to the work including Construction Change Directives(CCD), Change Order Proposals(COP)and Change Orders(CO). Tabulate and respond to Requests for Information from Contractor. M. Final inspection and certification of completion. N. Warranty O&M Review 1.4 WORK NOT INCLUDED A. Full-time,on-site inspection B Construction site survey and construction control bench marks C. Cost of printing of review, bidding,and distribution costs D. Permit and Plan Check fees assessed by permit authorities. E. Laboratory charges for construction testing 1.5 OWNER'S RESPONSIBILITIES I A. Assist the Consultant by placing at his disposal all available information pertinent to the site. B. Advertise for proposals from bidders and administer the opening of bids C. Prepare such legal,accounting and auditing services as may be required by the Owner. D. With the assistance of the Consultant,obtain approval of all governmental authorities that have jurisdiction over the project E. Designate a person to act as Owner's Representative. Wilson Playfields Turf Replacement Study Scope of Work and Fee Proposal Page 3 of 4 i �X h;/2) f A� SCHEDULE B Professional Consulting Services for Wilson Playfields Synthetic Turf Field Replacements 1.6 COMPENSATION AND PAYMENT TO CONSULTANT A. We offer a lump-sum fee for all basic scope work as follows: Construction Documents through Closeout $26,450 j I B. All Contractor construction negotiations and change order processing within original scope of project is included in this amount C Progress payment for Consulting work to be as follows: Completion of Bid Documents $10,770 Completion of Bidding Phase $2,360 Completion of Construction $13,320 Total $26,450 D. Compensation for additional services that may be requested by the Owner shall be as follows- Principal Engineer $160 00 per hour Principal Landscape Architect $160 00 per hour Associate Principal Landscape Architect $145 00 per hour Project Engineer $145 00 per hour Landscape Architect $90.00 per hour Technical Staff $80.00 per hour Administrative $45.00 per hour E. Expenses, outlined in paragraph 1.5 plus contracting, laboratory testing for construction quality control,etc,as requested and authorized by Owner to be paid by our firm shall be reimbursed at actual cost plus 5%administrative fee. avi . ..Anderson,P Principal Engineer Wilson Playfields Turf Replacement Study Scope of Work and Fee Proposal Page 4 of 4 - 147'h City of Kent Parks & Recreation Wilson Playfields Field Replacement Fee Proposal 1-Oct-13 Principal Project CADD Clerical/ Eng/LA Eng/LA Technician Admin Hourly Rate, $160 00 $145 00 $80 00 $45 00 Bid Document Preparation Projected Hours Total Field Demolition Plan 0 2 4 0 Field Layout Plan 2 4 6 0 Field Detail Sheets 4 4 8 0 Fencing Modification Plans 2 2 4 0 Fencing Modification Details 0 2 4 0 Cover Sheet 0 0 2 0 Turf Selection Meeting 4 0 0 0 Turf Selection Site Visitations 4 0 0 0 Specifications 8 0 0 6 Meeting for Plan &Spec Review 4 0 0 0 Final Plan &Specification Edits 2 2 4 0 Misc. Correspondence&Communications 4 0 0 4 Total Hours 34 16 32 10 Total Fee $5,440.00 $2,320.00 $2,560.00 $450.00 $10,770.00 Bidding Phase Tasks Projected Hours Total Bidding Communications/Substitutions 2 4 0 4 Pre-Bid Conference 4 0 0 0 Award Recommendation Meeting 4 0 0 0 Total Hours 10 4 0 4 Total Fee $1,600 00 $580 00 $0.00 $180 00 $2,360.00 Construction Administration &Observation Tasks Projected Hours Total Submittal &Shop Drawing Review&Processing 2 4 1 0 Pre-construction Meeting 4 0 0 1 Material Testing Review 0 1 0 0 Field Base Planarity Inspection (2) 4 4 0 2 Turf Inlay and Seam Inspections (2) 4 4 0 2 Turf Infill Inspections(2) 4 4 0 2 Construction Meetings (4) 6 6 0 0 Progress Payment Application Processing 2 2 0 2 Communications&Correspondence 6 6 0 6 Punch List/Substantial Completion Inspections 4 4 0 2 Final Inspection 4 0 0 1 Construction Record Drawings 0 1 5 1 Warranty and O&M Review 2 0 0 1 Total Hours 42 36 6 20 Total Fee $6,720.00 $5,220.00 $480 00 $900 00 $13,320.00 Total Proposed Sum Fee $26,450.00 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liabilit insurance shall be written with omm v minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any I EXHIBIT B (Continued) combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per I accident. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following Automobile Liability provisions for A y and Commercial General Liability: 1. The Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor 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 Contractor'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. Contractor's Insuran ce for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. EXHIBIT B (Continued) E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. Verification of Coverage Contractor 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor 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 Contractor. DATE(MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 11/13/203.3 THIS CERTIFICATE 15 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(tes) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement Astatement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) PRODUCER NAME Stan Pease Shipley & Pease Insurance ONE FAX wC No EX 503 282-3444 (A/C,No)503 282 3345 PO Box 928 Al)DRL stan@shipleyins.com Woodinville, WA 98072 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A Travelers C & S of America INSURED D A Hogan & Associates, Inc. INSURER B 119 First Ave. S, Suite 110 INSURER C Seattle , WA 98104 INSJRER D 206-285-0400 INSJRER E INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELCW 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 W-H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSI.ED 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 LTR TYPE OFINSURANCE NSR VJVDADDL PDLCYNUMBER (MM(DDNYYY) (MWDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Be ocwmence) $ 'CLAIMS-MADE D OCCUR MED EXP(Any onsperson) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPrOP AGO $ POLICY PRpF-I LOD $ ALTOMOBILE LIABILITY CVMFNED SINGLE LIMIT (Ea accident $ ANYA'JTC BODILY INJURY(Per persom $ ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per acatlen) $ NON OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ S WORKERS COMPENSATION WC 87ATU I OTH. AND EMPLCY-RS LIABILITY YIN TORY LIMITS ER ANY PFD�RIETORPARTNEWEXECUTIVE ❑ NIA EL EACH ACCIDENT $ OFFICERMIEIABER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLCYEE $ ryes,describe uncle DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT s A IProfessional 105270214 4/21/1 4/21/143,000,000 Each Claim Liability 3,000,000 Aggregate $25,000 Deductible DESCRIPTION OF OPERATIONS lLOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,rf morespace is required) This certificate refers to but the policy itself is not limited to a specific project: Wilson Playfields Synthetic Turf Replacement. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Park Planning & Development THE EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN 220 Fourth Ave. S. ACCORDANCE WITH THE POLICY PROVISIONS Kent, WA 98032 losborn@KentWA.gov AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION All rights reserved ACORD25(2010105) The ACORD name and logo are registered marks of ACORD A ® MDD DATE(MMn)D/Y Yr) CERTIFICATE OF LIABILITY INSURANCE R054 11/12/2013 THIS CERTIFICATES 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 SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT NAME USAA INSURANCE AGENCY IIQC/PHS PUCK Ext) (888) 242-1430 (FN 'N.) (888) 443-6112 812B46 P: (888) 242-1430 F: (888) 443-6112 AD RIESS PO BOX 33015 INSURERIS)AFFORDING COVERAGE NAIL# SAN ANIONIC TX 78265 INSURERA Hartford Casualty Ins Co INSURED INSURERS Hartford Underwriters Ins Co INSUR=RC D A HOGAN & ASSOCIATES INC INSURER 119 1ST AVE S STE 110 INSURER SEATTLE WA 98104 INRURERF COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERT17Y THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 SUC-1 POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS r POLTGI EFF POLLC}FAP DVSR T}PE OFLISLRLVCE ADD.SL BR PULIC{NLrSfBLR LLILlTS r,Ifhf/DD/1'Yk) GENER4LLIABILITT EACH OCCURRENCE $1, 0 0 0, 0 00 DAMAGE TO RENTED 5300, 000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence CLAIMS-MADE El OCCUR MED EXP(Any one person) 510, 000 A X General Liao X 65 SBA IM8676 07/29/2013 07/29/2014 PERSONAL a ADV INJURY sl, C00,000 GENERA-AGGREGATE s 2, 00c, 000 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMPIOP AGG 52, 0 0 C, 000 POI PRO- X LOC $ JECT AUTOJIOBILELIARILIT} COMBINED SINGE LIMIT $1 0 0 0 0 0 o (Ea accident) r / X ANY AUTO BODILY INJURY(Per person) $ E ALL OWNED SCHEDULED 65 OEC TU1536 09/27/2013 09/27/2014 BODILY INJURY(Per accident) AUTOS AUTOS X HIRED AUTOS X NON OWNED PROPERTY DAMAGE AUTOS (Per accident) X UMBRELLALIAS X OCCUR EACH OCCURRENCE ;5, 0 0 0,0 0 0 A EXCESSLue CLaIIASMADE 65 SBA IM8676 07/29/2C13 07/29/2014 AGGREGATE $5,000, 000 DED X RETEWIDNa 10,000 5 a ORR£RS COVPENSATION WC STATU- OTH ANDEVPLOIERS'LIARILTI TOCR LIMITS ERS ANY PROPRIETOR/PARTNER,EXECUTIVE YIN EL EACH ACCIDENT OFFICERIMEMBER EXC_UDECI $ (Mandatory m NH) El NIA E L DISEASE-EA EMPLOYEE If yes,describe under EL DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS bolo% A MP STOP GAP 65 SBA IM8676 07/29/2013 07/29/2014 $1,000,000/1,000,000/1,000,000 DESCRIPRON OF OPERATIONS/LOCATIONS/VEHICLES(MAX Lme Lengths 79,Attach ACORD 101,Additional Remarks Schedule,Ifmore space 1.required) Those usual to the Insured's Operations. RE Project Name: Wilson Playfields Synthetic Turf Replacement City of Kent Park Planning and Development is an Additional Inslred per the Business Liability Coverage Form SS0008, attached to this policy. 30 Day Notice of Cancellation is included per form SS1223061, attached to the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE City of Kent DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Park Planning and Development AUTHORIZED REPRESENTATIVE 220 4TH AVE S KENT, WA 98032 ©1988-2010 ACORD CORPORATION.All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD ` f THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions. A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty(30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company B. If this policy is cancelled by the company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s)with mailing addresses on file with the agent of record or the Company If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s)on file with the agent of record or the Company will be sufficient proof of notice Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term Failure to provide such notice to the certificate holder(s)will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form SS 12 23 06 11 Page 1 of 1 © 2011,The Hartford i �jT�H�E I AKTFORD Select Customer Insurance Center i 3600 WISEMAN BLVD. SAN ANTONIO TX 78251 Policyholder, please call us at (888) 242-143C Agent, please call us at (800) 447-7649 INSURANCE ENDORSEMENT ATTACHED I *** PLEASE REVIEW THE CHANGE *** Enclosed is an endorsement for your business Insurance policy Please review it at your convenience If you have questions or need to make further changes Policyholder, please call us at (888) 242-1430 Agent, please call us at (800) 447-7649 between 7 A.M. and 7 P.M. CENTRAL TIME. The premium billing will be mailed to you separately You can expect to receive it soon Thank you for allowing us to service your business needs USAA INSURANCE AGENCY INC/PHS THE HARTFORD SELECT CUSTOMER INSURANCE CENTER The Hartford Insurance Group Hartford Fire Insurance Company and its Affiliates Hartford Plaza, Hartford, Connecticut 06115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below Policy Number: 65 SBA IM867 6 DX Named Insured and Mailing Address; D.A.HOGAN & ASSOCIATES INC 119 1ST AVE. S. STE 110 SEATTLE WA 98104 Policy Change Effective Date: 08/16/13 Effective hour is the same as stated in the Declarations Page of the Policy. Policy Change Number: 004 Agent Name: USAA INSURANCE AGENCY INC/PHS Code: 812846 POLICY CHANGES: HARTFORD CASUALTY INSURANCE COMPANY ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT.IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM. WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE FORM NUMBERS OF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE: IH12001185 ADDITIONAL INSURED - PERSON-ORGANIZATION PRO RAIA FACTOR: 1.000 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 12 11 0405 T Page on Process Date: 08/16/13 Policy Effective Date: 07/29/13 Policy Expiration Date: 07/29/14 J POLICY NUMBER: 65 SBA IM8676 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON-ORGANIZATION STATE OF OREGON, THE OREGON STATE BOARD OF HIGHER EDUCATION & OREGON STATE UNIVERSITY PROCUREMENT AND CONTRACT SERVICES, OSU 644 SW 13TH STREET CORVALLIS OR 97333-4238 CITY OF EVERETT PARKS & RECREATION, ITS OFFICERS, EMPLOYEES AND AGENT 2930 WETMORE AVENUE EVERETT, WA 95201 RE:KASCH PARK SYNTHETIC TURF FIELD REPLACEMENT STUDY CITY OF SAMMAMISH PARKS & RECREATION 801 228TH AVE SE SAMMAMISH, WA 98075 CITY OF SEATTLE DEPT OF PARKS & RECREATION 800 MAYNARD AVE SOUTH, 3RD FLOOR SEATTLE, WA 98134 CITY OF KENT PARK PLANNING AND DEVELOPMENT 220 4TH AVE S KENT, WA 98032 PUYALLUP SCHOOL DISTRICT 323-12TH STREET NW PUYALLUP WA 98371 CITY OF BELLINGHAM 210 LOTTIE ST BELLINGHAM WA 98225 EDMONDS SCHOOL DISTRICT #15 CAPITAL PROJECTS OFFICE 20420 68TH AVE W LYNNWOOD, WA 98036 CITY OF BELLEVUE 450 110TH AVENUE NE BELLEVUE WA 98004 4 I Printed In U.S.A. Page Form IH 12 00 11 85 T SEQ. NO. 001 007EXpiF"WMP ON NEXT PAGE) i • KENT N A'III NGTON Agenda Item: Consent TO: City Council DATE: November 5, 2013 SUBJECT: D. A. Hogan Consultant Agreement - Authorize MOTION: Move to authorize the Mayor to sign the consultant agreement with D. A. Hogan and Associates for $26,450.00 for the Wilson Sports Field Synthetic Turf Renovation project, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: The city's only synthetic sports field is very close to the end of its useful life. Increasing levels of maintenance have kept the field playable and safe, but the wear continues. The anticipated cost of the replacement, at over a million dollars, has prevented the city from replacing the turf to this point, due to a lack of resources. However, with the recent state grant and the improved revenue outlook, Parks has put together options for funding this number 1 priority parks capital project. This contract, if approved, will procure the needed design and construction observation work necessary for a successful renovation project. D. A. Hogan is a nationally regarded firm specializing in artificial turf construction and replacement design. Construction is anticipated to commence in late first quarter of 2014. Approval for construction in the form of a bid award will come before City Council in early 2014. EXHIBITS: Consultant agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: The expenditures for this project are from the Parks Capital Budget. � I ;► REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes i d by Director Originator's Name: Hope Gibson Dept/Div. Parks Planni Development Extension: 5112 Date Sent: 11/15/2013 Date Required: Return to: Hope G. / Lynn O. CONTRACT TERMINATION DATE: 6/30/2014 VENDOR: D.A. Ho an & Associates DATE OF COUNCIL APPROVAL: 11/5/2013 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: This is a Consultant Services Agreement to provide engineering and landscape architectural services from design through construction, for the replacement of the synthetic turf at Wilson Playfields. The total contract amount is $26,450.00. Project expenditures affect the Parks Capital Budget. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: RECEIVE® I'`!j Approval of Law Dept.. WOW �t/l� lam Law Dept. Comments: NOV 18 2013 ENS' LAW DEPT Date Forwarded to Mayor: �l Shaded Areas To Be istration Staff Received: RECEIVED NOV 2 0 20i3 Recommendations and Comments: NOV 18 2013 CITY OF KENT n' � City of Kent Disposition: /lf,�//3n��- / LOffi �d� ce of the Mayor Date Returned: