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HomeMy WebLinkAboutPK14-077 - Original - Berger Partnership PS - Green River Trail Veterans Dr to Three Friends Fishing Hole Park - 04/01/2014 ecords nw e m e KENT Document WASHINOTON 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 P.S. Vendor Number: 624530 )D Edwards Number Contract Number: TK ILt-VOT-1 This is assigned by City Clerk's Office Project Name: Green River Trail Veterans Drive to Three Friends Fishing Hole Park Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/5/2014 Termination Date: 12/31/2014 Contract Renewal Notice (Days): 0 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.): Landscape Architectural services/Master Plan along the Green River, including Van Doren's Landing Park; collaborative effort with Kent Public Works, King County Flood Control District and US Army Corps of Engineers NA tiliy PPD Contract # PPD14-09 S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 l I KEWT WAS III N G T.N 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 (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: Green River Trail Veterans Drive to Three Friends Fishing Hole Master Plan Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Sixty One Thousand, Five Hundred and Fifty Five and no/100 ($161,555.00) including applicable Washington State sales tax,], for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. City Business License Required. Prior to commencing the tasks described In Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counternarts. 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: 1121 f t ve f B Greg 8 wer(Mar 2014) By: Y (signature) (signature) Print Name: Pr' t N e Suzette Cooke Its I s M or (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT. CITY OF KENT: Greg Brower Hope Gibson Berger Partnership P.S. City of Kent 1721 8th Ave. North 220 Fourth Avenue South Seattle, WA 98109 Kent, WA 98032 (206) 325-6877 (telephone) (253) 856-5112 (telephone) gregb@bergerpartnership.com hgibson@kentwa.gov APPR ED AS F M. iM1`, Kent Law Department i 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. 6X;f Bxvex Greg 6 wer(Mar7 2014) By: For: 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. By: i For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A, 1 of 10 PARTNERSHIP 21114 � erger Hope Gibson Park Planning and Development Manager City of Kent 220 Fourth Avenue South Kent,WA 98032 Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Dear Hope We are pleased to submit this proposal for the Green River Trail design and implementation The area covered in this proposal is along the Green River from Veterans Drive to Three Friends Fishing Hole,within property controlled by the City of Kent For the purposes of this proposal,the project consists of two areas Van Doren's Landing Park/Russell Road Veteran's Drive to S 212`h Street, and the Boeing property S 212in Street to Three Friends Fishing Hole The scope of work includes the design of the area outlined above followed by the construction of improvements on the Boeing property The scope of work for Van Doren's Landing park/Russell Road includes visioning and conceptual design, public outreach, development of a preferred plan, and master plan The scope of work for the Boeing property includes trail design, preparation of construction documents, permitting, bidding, and construction observation Project goals are outlined in a document provided January 28, 2014 Van Doren's Landing Park/Russell Road We will participate in a collaborative effort to create a master plan for this length of the Green River Trail The master plan will include the trail, drive lanes, setback levee,Van Doren's Landing Park, and the edge of the Green River Natural Resources Area The city will provide the engineering support to lay out a preferred levee alignment and road or trail relocation Vision and Conceptual Design In this phase we will work with the city, community and stakeholders to establish a vision and conceptual design for the trail and parks along the Green River corridor Project kick-off meeting Attend and participate in a meeting with the stakeholders, parks, public works, King County, and others, as appropriate • Conduct a site visit to review existing conditions Record findings through photographs and plan notation Landscape Architecture Berger Partnership Ps 2063256877 Urban Design 17218th Ave bergerpartnership corn g Seattle,WA 98109 Exhibit A, 2 of 10 21114 PARTNERSHIP Hope Gibson F6J Derger City of Kent Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 2 of 10 • Prepare base plan from GIS provided by the city Add and confirm Information as necessary Establish design opportunities and constraints Prepare diagrams and concepts for trail alignment and park improvements Support the concepts with images and sketches Attend (5) meetings to review design progress and obtain input Prepare a design narrative • Prepare a preliminary estimate of probable construction costs Deliverables Site analysis 2-3 Conceptual ideas Design narrative Preliminary estimate of probable construction costs Public Outreach Public outreach will occur throughout the process of establishing a master plan for the Van Doren's/Russell Road corridor Outreach will be conducted through virtual meetings conducted through the city's website We will provide graphics, images, and text for use in the web based meetings The public outreach will be conducted in three phases Conceptual, Preferred Plan, and Master Plan For each outreach effort we will provide the following Plans, diagrams, and graphics that depict the design intent and illustrate the ideas up for input • Support images, photos, sections, and sketches that further develop the design intent • A written narrative to support the graphic material and provide additional information to aid the review • Prepare a summary of virtual meeting input Master Plan presentation to the city council, park board, and community Deliverables Plans and diagrams for virtual meetings Images, graphics, and photos Virtual meeting summary Presentation boards Exhibit A, 3 of 10 2.1114 PARTNERSHIP Hope Gibson erger City of Kent Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 3 of 10 Preferred Plan In this phase we will refine the conceptual ideas into a preferred plan The design will be based on the input received through the virtual meeting and meetings with stakeholders Services we will provide during this phase Include the following • Address review comments and Input Refine the conceptual designs Into a single plan Prepare plan graphics, sections, and elevations Prepare conceptual grading • Update the written narrative • Attend (3) coordination meetings Provide review of trail and road alignment work prepared by others • Update the estimate of probable construction costs Deliverables Preferred plan graphic, sections,elevations Conceptual grading Written narrative Estimate of probable construction costs Master Plan In this phase we will refine the preferred plan into the master plan The master plan will include information to guide future planning along the Green River Trail including trail alignment, trail amenities, park improvements, trail access, and safety improvements Services we will provide include the following • Address review comments and input • Refine and revise the plan graphics, sections,and support documents to reflect the comments and input • Identify and prepare a list of possible permits and issuing agencies • Compile master plan documents into a single, bound resource Provide in digital and hardcopy format • Attend (3) coordination meetings • Update the written narrative • Update the estimate of probable construction costs Exhibit A,4 of 10 21114 PARTNERSHIP Hope Gibson ' erger City of Kent Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 4 of 10 Deliverables Master plan graphic List of permits and project requirements Written narrative update Estimate of probable construction costs update Master plan document Boeing Property This phase of work Includes the design of the secondary trail along the Green River We will work with the city, Corps of Engineers, and King County to prepare a design for the secondary trail within the Boeing Property The secondary trail will be located between the Green River Trail and the Green River This work also Includes the design of parking for 10-20 cars and trail access Design In this phase we will develop the trail alignment and amenities such as river overlooks, connecting paths, and planting The work will be developed through a series of meetings and work sessions The basis for the design is a concept plan prepared previously by others • Prepare a base plan from a survey and site information provided by the city The conceptual alignment provided will be incorporated • Conduct a site visit to review existing conditions Record findings through photographs and plan notation • Review requirements for jurisdictional approvals and permits • Attend a kick-off meeting • Prepare a plan with the secondary trail, overlooks, existing trees, and parking located • Prepare a concept planting plan for review and integration with work by others • Prepare a draft project manual including general conditions provided by the city and draft specifications • Review work prepared by others and provide comments • Refine the plan to reflect review comments, input and coordination • Attend (3) meetings to review progress and coordinate design efforts • Attend (1) meeting to review project permitting requirements • Prepare an estimate of probable construction costs • Provide plans to the city for review and comment at 300/a complete Exhibit A, 5 of 10 21114 PARTNERSHIP Hope Gibson erger City of Kent Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 5 of 10 Deliverables Base plan Permit requirements Trail plan 30%submittal Draft project manual Estimate of probable construction costs Construction Documents In this phase we will prepare documents for the construction of the proposed improvements The documents will include both plans and specifications • Prepare construction documents based on the approved design documents • Prepare site preparation plan, vegetation removal, erosion control Prepare layout and alignment plans • Prepare grading plans with spot elevations and slope requirements • Prepare drainage and stormwater controls plan for the parking lot • Prepare irrigation plans for a temporary irrigation system, controller power, etc • Prepare planting plans • Prepare construction details • Prepare project manual with general conditions and specifications • Prepare an update of the estimate of probable construction costs • Review and comment on work prepared by others • Attend (10) meetings to review progress and coordinate with work prepared by others • Provide plans to the city for review and comment at 60%, 90%, and 100% complete Deliverables Construction Documents 60%, 90%, and 100%submittals Project manual Estimate of probable construction costs Exhibit A, 6 of 10 21114 PARTNERSHIP Hope Gibson U berger City of Kent Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 6 of 10 Permitting In this phase we will prepare documents for permitting This includes preparation of plans and forms for jurisdictional review The permitting agency will be the City of Kent The submittal for permits will take place during preparation of the construction documents at 60%complete Required permits will be determined but are anticipated to include clearing, grading, and stormwater and erosion control, and possibly shorelines, and critical areas • Research and define required permits • Attend (1) pre-submittal meeting This meeting may take place during the construction documents phase • Add the necessary notations, and calculations to the plans for permitting • Prepare forms for permitting as required • Assemble the permit submittal and submit plans • Review and respond to permit comments/questions • Attend (1) meeting to review permit comments/questions • Provide revisions to permit documents Note The permit process can vary so the allowance for revisions is limited to (8) hours Deliverables Permit requirements Permit documents Permit comment response and plan revisions Bid Administration We will provide support services to Parks during the bidding phase Specific services include the following • Prepare documents for bid • Attend pre-bid conference • Prepare meeting minutes for the pre-bid conference • Provide responses to bidder questions • Prepare addenda as necessary Deliverables Meeting minutes Response to bidder questions Addenda Exhibit A, 7 of 10 21114 PARTNERSHIP Hope Gibson Berger City of Kent Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 7 of 10 Construction Administration We will provide services during construction to review progress, check that contractor work is consistent with the construction documents, and note work needing correction • Attend preconstruction meeting and prepare meeting notes • Conduct (10)construction meetings (every other week) and prepare meeting notes • Review submittals and shop drawings • Prepare modification proposals and change orders as approved by the city • Make interim site visits to review progress and work quality • Attend walk through prior to project completion and prepare punchlist for work in need of correction • Back check the punchlist and issue final completion • Prepare and provide record drawings reflecting the as-built condition as recorded in the contractor's record drawings • Obtain operating manuals, maintenance manuals, and equipment brochures Provide to the city Deliverables Meeting notes and observation reports Shop drawing/submittal review Punchlist Record drawings Assumptions Base plans will be prepared from surveys provided by the City of Kent The required permits, submittal requirements, and review process are not clearly defined at this time Limited time has been included for permit administration Additional services, if needed,will be identified and approved before providing service • General conditions to the specifications will be provided by the city Specifications will be provided in CSI format • The city will administer the bid process, advertise bid, conduct meetings, and tabulate bids The city will lead the construction observation, make field visits, and perform other related tasks I Exhibit A, 8 of 10 21114 PARTNERSHIP Hope Gibson erger City of Kent Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 8 of 10 Fees Based on the scope of services identified at this time,we have established a fee for landscape architectural services as follows Van Doren's/Russell Road Vision and Conceptual Design $16,010 00 Public Outreach $6,220 00 Preferred Plan $15,390 00 Master Plan $13,955 00 Subtotal $51,575 00 Boeing Property Design $20,870 00 Construction Documents $31,145 00 Permitting $9,485 00 Bid Administration $7,280 00 Construction Observation $18 100 00 Subtotal $86 880 00 Subconsultants Civil Engineer (Allowance w/10%mark-up) $16,500 00 Irrigation Design (Allowance w/10% mark-up) $6,60000 Subtotal $23,100 00 Project Total $161,555 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 $130 00 per hour Project Manager $105 00 per hour Landscape Architectural Staff $90 00 per hour Administrative Staff $60 00 per hour Printing, reprographic expenses, CAD plots,travel costs, and other reimbursable expenses will be billed in addition to the above fees at cost plus a 10%administrative mark-up 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 Exhibit A, 9 of 10 21114 PARTNERSHIP Hope Gibson C6J erger City of Kent Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 9 of 10 postponed until receipt of payment, unless special arrangements are made prior to providing the services 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 Revisions&Additions To Proposal Once the design is approved, any substantive revision to the drawings resulting from owner/client directed changes (including program changes, scope of work changes, modifications to existing documents, construction and/or site and conditions change and adjustments to time frames)will be billed as an extra service Billing will be hourly, unless a guaranteed maximum fee Is requested for the revision Written confirmation of the change/revision will be sent as an amendment to this contract Revision work started at the direction of the owner/client, then subsequently terminated, will be billed as extra services through date of stop-work notification Subconsultants Allowance for subconsultants' fees are included In the scope of work identified at this time Subconsultants Include the civil engineer and Irrigation designer Exhibit A, 10 of 10 21114 PARTNERSHIP Hope Gibson emer City of Kent Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 10 of 10 If this proposal meets with your approval, please sign one copy and return it to our office 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 Green River Trail in Kent Sincerely, Berger Partnership PS Greg Brower Principal APPROVED: i Date EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. EXHIBIT B (Continued) B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. EXHIBIT B (Continued) E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ACORD. CERTIFICATE OF LIABILITY INSURANCE 3/17/20014 PRODUCER (206) 621-6444 FAX (206)515-0560 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gur and Rogers Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE rY 4 A3 Yr 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 INSURER TRAVELERS INDEMNITY CO 25658 BERGER PARTNERSHIP, P.S. INSURER B TRAVELERS PROPERTY CAS 25674 1721 8TH AVE. N. INSURER INSURER D SEATTLE WA 98109 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR Al POLICY TYPE OF INSURANCE POLICY NUMBER DATE(MMFDOlYY) POLICYECTIVE EXPIRATION I INSRD DATE(MM/DDNY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ A X I CLAIMS MADE ❑X OCCUR 6805D430382 10/24/2013 10/24/2014 MEDEXP(Any oneperson) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 RO- POLICY X JECT LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL ONMEDAUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X X HIREDAUTOS BA5D434565 10/24/2013 10/24/2014 BODILY INJURY X NON-0WNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ A X EXCESSIUMBRELLA LIABILITY CUP005D43488A 10/24/2013 10/24/2014 EACH OCCURRENCE $ 3,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 3,000,000 DEDUCTIBLE $ RETENTION $ TATU $ WORKERS COMPENSATION AND ORSLIMIT GTH- EMPLOYERS'LIABILITY TORY LIMITS X ER ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED9 6805D430382 10/24/2013 10/24/2014 EL DISEASE-EA EMPLOYE $ 1,000,000 If yes descnbe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT I$ 1,000,000 OTHER $50,000 DEDUCTIBLE B PROFESSIONAL LIAR 105340249 10/4/2013 10/4/2014 $2,000,000 OCCUR $2,000.000 AGGREGATE DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is named as additional insured as respects the operations of the named insured. re. Green River Trail Veterans Drive to 3 Friends. 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 220 Fourth Avenue South 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Kent, WA 98032 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Karl DlJuho/KD � `� `�' ACORD 25(2001108) ©ACORD CORPORATION 1988 IMcn9S,n,ne,� AMC IaAO Mntlnaro CN,ih,. mn rsmntnr eg Puna 1n 9 4 POLICY NUMBER: 6805D430382 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 II) 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 20 10 11 85 Copyright, Insurance Services Office, Inc., 1982 KENT W/.S NI NOT ON Agenda Item: Consent Calendar - 7G TO: City Council DATE: March 4, 2014 SUBJECT: Consultant Agreement for the Green River Trail Projects from Veterans Drive to Three Friends Fishing Hole - Authorize MOTION: Authorize the Mayor to sign the Consultant Agreement with the Berger Partnership, P.S. for $161,555.00 to provide landscape architectural services for two projects along the Green River Trail, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: Two of the current Green River projects being undertaken by Public Works hold the potential to have long-term significant impacts to an important 2-mile stretch of the Green River Trail, as well as Van Doren's Landing Park and other public properties along the stretch of the Green River from approximately South 200th Avenue to South 2315t Avenue. Public Works and our project partners (including King County and the Army Corps of Engineers) agree that master planning and park design are critical components that will help ensure that the projects address multiple important civic priorities and protect important civic assets. EXHIBITS: a) Draft Consultant Agreement b) Sole Source Memorandum RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Budgeted in the Regional Trails Budget. /�� REQUEST FOR MAYOR'S SIGNATURE �•� KENT Please Fill in All Applicable Boxes Revlewed by Director Originator's Name: Hope Gibson Dept/Div: Parks Planning Development Extension: 5112 Date Sent: 3/19/2014 Date Required: Return to: Lynn Osborn for Hope Gibson CONTRACT TERMINATION DATE: 12/31/2014 VENDOR: Berger PartnershipP.S. DATE OF COUNCIL APPROVAL: 3/4/2014 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: Landscape Architectural services for the Green River Trail from Veterans Drive to Three Friends Fishing Hole Park, including Van Doren's Landing Park. M-1-r3 ,F GrYL�-�h ,1l�iV�G� Vf F,-1 ryc(c Le�cc Des (r, r0`GCr - All Contracts Must Be Routed Through The Law Department 'area to be completed by the Law Department) Received: i `" Approval of Law Dept.: MAR , wq Law Dept. Comments: MINT � �G RECE ED APR 2 1014 Date Forwarded to Mayor: � � �'C (n 11Cl 17 OF KERr Shaded Areas To Be Completed By Administration S@#CLERK Received: ` IF 77 Recommendations and Comments: 1 �/ riUi Disposition: Qj �� �(} �' ,1,rr ) City 0f Kent Off'iCe Of the maycq Date Returned: 4 ,2,jq