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HomeMy WebLinkAboutEC14-239 - Original - MacKenzie - Public Works & Parks Needs Assessment - 09/26/2014 i Records Maa.-I'd'4� ecem 1� z . KEN'f zr.. DOCument"w r,seieoroH ,F�.:$ 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: MacKenzie Vendor Number: )D Edwards Number � Contract Number: This is assigned by City Clerk's Office Project Name: PW/Shop Maintenance Yard Needs Assessment Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment VE] Contract ❑ Other: Contract Effective Date: Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kurt Hanson Department: ECD Contract Amount: $17,500 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council i Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 it KENT Wq.NINOT.N {��\ CONSULTANT SERVICES AGREEMENT between the City Of Kent and MacKenzie THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Mackenzie organized under the laws of the State of Washington, located and doing business at 500 Union St #545, Seattle, WA 98101, 206-749-9993 (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: See Attached and incorporated Attachment A / City of Kent Public Works / Parks Department Need Assessment Consultant further represents that the services furnished under this Agreement will be j 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 $17,500, 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 Attachment A. B. The Consultant shall submit monthy 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) j 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. i 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) i 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. 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 OFF KENT; f' Byv „._. sipnat p ;' , (signature) An lam : €t _ � � Prjnt Name: Suzette Cooke It�r =¢ ,f . .. � _ lt`s Mayor DATE .. (tfe)2,,,j� i DATE: �s ' NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jeff Rhys Humphreys Kurt Hanson, Manager Mackenzie Economic Development 500 Union Street #545 City of Kent Seattle, WA 98101 220 Fourth Avenue South Kent, WA 98032 206-749-9993 (telephone) 206-749-5565 (facsimile) (253) 856-5706 (telephone) (253) 856-6454 (facsimile) APPROVED AS TO FORM:` iI IN­ Kent Law Department [N this field,you may We,the eledmni,flepath where the mnt.d has been saved] 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. By Forr €I o y 'Title. Date: r,r, � C a���i � � -�.lv. d . t EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: Aril 1 1 p 996 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. I EEO COMPLIANCE DOCUMENTS - 2 L 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. For: Title: Date: i EEO COMPLIANCE DOCUMENTS - 3 f.. DESIGN DRIVEN I CLIENT FOCUSED AGREEMENT FOR PROFESSIONAL SERVICES May 19, 2014(Revised June 17, 2014)(Revised July 28,2014) City of Kent Attention: Kurt Hanson 400 West Gowe Street Kent, WA 98032 RE: City of Kent Public Works/Parks Department Maintenance Yard Needs Assessment Project Number 2130368,00 Dear Kurt: Mackenzie will perform the tasks outlined below for the referenced project. As outlined in Mackenzie proposal, dated May 5, 2014, revised May 19, 2014,and July 28, 2014 (Attachment A). Contract Fee will be a lump sum of$17,500 for Phase I. Any services performed beyond the scope set forth above shall be for additional fees. Reimbursable costs are not included in the Contract Fee. Reimbursable costs for services accomplished by in-house personnel (printing, faxing, copying, mileage, etc.) will be billed at standard rates. Other reimbursable costs (outside printing, outside delivery services, photography, Federal Express, Express Mail, etc.) will be billed at cost plus 12%. Consultants'fees are included in the Contract Fee. Consultants'fees will be billed at cost. Items which are specifically excluded from the Scope of Services include, but are not limited to: • Furniture selection • Soils investigation/testing and related specifications • Environmental review Graphics and signage Traffic analysis Land survey,topographic survey,tree survey,or metes and bounds descriptions and related specifications Building permit fees, design review fees, or any other fees paid to public bodies having jurisdiction over the project • Offsite improvements (such as roads and utilities) Appeals,variances, public hearings, land use approvals Mackenzie is entitled to rely on Owner and Owner's representatives, agents, or consultants providing information or services for Owner upon which Mackenzie relies in performing its services pursuant to this contract. Owner will defend and indemnify Mackenzie against all claims arising from or attributed to Owner or Owner's representatives, agents, or consultants, If Owner requires an assigned Purchase Order number on invoices, it is understood and agreed that the Purchase Order P 206.749.9993 o F 206.749.5565 - W PICKN3k.COM - Logan Building,500 Union Street,#545,Seattle,WA 98101 ARCHITECTURE • INTERIORS . STRUCTURAL ENGINEERING • CIVIL ENGINEERING - LAND USE PLANNING • TRANSPORTATION PLANNING • LANDSCAPE ARCHTECTURE ® Portland,Oregon • Vancouver,Washington , Seattle,Washington H:\Projects\213036800\WP\CONTRACT\CONT-Cityof Kent-Maintenance Yards Needs Assessment-Qulck-140519 REV 2.docx Agreement for Professional Services Project Number 2130368.00 May 19, 2014 (Revised June 17, 2014) (Revised July 28, 2014) Page 2 document is for your internal accounting purposes only, and shall in no way modify, add to, or delete any of the terms and conditions of this agreement. If Mackenzie provides information for subject project, it is agreed that such information is provided only for use on this project. All such information produced by Mackenzie and the copyright therein are, and shall remain, the property of Mackenzie. This information shall be used only in connection with this project. Mackenzie shall not be responsible for changes made in the information by anyone other than Mackenzie, or for use of the information without Mackenzie's participation. Because of the differences among the many available software and hardware systems and the different ways in which various systems represent drawing elements, it is not always possible to ensure complete, accurate translations. Although Mackenzie will make every effort to ensure the accuracy and completeness of translations, Mackenzie will not be liable for any inaccuracy or incompleteness in translated information. It is expressly and unequivocally understood and agreed that the liability of Mackenzie and its employees and agents, including liability under any theory and from whatever cause arising, including but not limited to, negligence, professional negligence, contract, warranty, statutory liability, and any consequences of thereof, is limited to, and cannot exceed,the actual amount of Mackenzie's fees and costs accrued on the project. Should any dispute arise between the parties to this Contract, it is agreed that the dispute will be submitted to a mediator, agreed to and compensated equally by both parties, prior to commencement of arbitration or litigation. Mediation will be conducted in the city in which the project is located, unless both parties agree otherwise. Both parties agree to exercise their best efforts in good faith to resolve all disputes in mediation. All fees and costs are due 30 days after they are billed, and accrue service charges of 1-1/2% per month beginning 45 days from date of invoice. Payments received on this account will be first applied to service charges and then to balance of fees. MACKENZIE OWNER By Je Rhy mp eys,Architect oject Principal Title: Enclosure: Mackenzie proposal, dated May 19, 2014, revised May 19, 2014, and July 28, 2014(Attachment A) c: Brett Hanson, Michael Chen,Accounting Department—Mackenzie H:\Projects\213036800\WP\CONTRACT\CONT-City of Kent-Maintenance Yards Needs Assessment-Quick-140519 REV 2.docx f P MACKEN DESIGN DRIVEN I CLIENT FOCUSED Attachment A May 5, 2014(Revised May 19,2014)(Revised July 28,2014) City of Kent Attention: Kurt Hanson 400 West Gowe Street Kent, WA 98032 Re: City of Kent Public Works/Parks Department Needs Assessment Project Number 2130368.MK Dear Kurt: It was a pleasure meeting with you and your staff to discuss Mackenzie's involvement in evaluating the current Public Works and Parks Department facility and yard and exploring opportunities for either improvement at its current location or redevelopment at a new site. We appreciate the opportunity, and look forward to developing a strong working relationship with the City. We anticipate staffing your project with an integrated design team that specializes in public facilities. We have completed work for over 45 different public agencies throughout Oregon and Washington, and are currently working with a number of agencies that utilized our expertise through their own Needs Assessment and Bond Campaign processes. Our Needs Assessment process has proven to provide clear, concise analysis based on thoughtful understanding of our client's needs and have been critical tools to help them successfully pursue funding opportunities. APPROACH AND UNDERSTANDING Mackenzie employs a proven system of programming, communication, consensus building, and goal-setting techniques to ensure that every project is accomplished successfully and meets the expectations of the stakeholders. The Mackenzie team will bring our multidisciplinary approach, extensive public project experience, and lessons learned on previous projects to meet the project goals. We will provide professional architectural, space planning, site planning, and land use planning services to meet the project objectives and deliverables. Based on information received from conversations with City staff, we understand the project goals and expectations to be the following: Establish the City of Kent Public Works services (Water, Wastewater, Stormwater, Parks and Streets, Fleet and Golf) space needs requirements of today and 20 years in the future;how those needs could be met on an alternate site;and determine the relative project costs to achieve those needs. The fallowing scope of work will be performed. Our work plan and approach to take the project from goal setting to the final report are outlined on the following pages. P 206.749.9993 - F 206.749.5365 • W MCKNZE.COM - Logan Building,500 Union Street,9545,Seattle,WA 98101 ARCHITECTURE . INTERIORS • STRUCTURAL ENGINEERING • CIVIL ENCINrMNG • LAND USE PLANNING • TRANSPORTATION PLANNING • LANDSCAPE APAHITECYIIRE Is Vortland,Oregon - Vancouver,Washing[on , Seattle,Washington H:\Projects\213036800\W P\PROPOSAL\PRO-Clty of Kent-Needs Assessment-140505 REV 2.docx i City of Kent City of Kent Public Works/Parks Department Needs Assessment Project Number 2130368.MK May 5,2014(Revised May 19, 2014) (Revised July 28, 2014) Page 2 PHASE Project Initiation Upon notice to proceed,the first step will be a confirmation of project goals.This will provide the foundation for design development and guiding principles for decision-making throughout the course of the project. Working with the City of Kent Public Works and Parks departments, we will identify any key stakeholders who need to be involved with the design process. The meeting will be documented, and a record of roles, responsibilities, and schedule will be distributed to the project staff. The project is structured into the following four tasks. The first task to analyze space needs requirements will require gathering information on current space needs, sizes, and staffing levels and projected staffing growth and associated spaces and sizes needed for 20-year growth. Task 1 —Space Needs Analysis Programming Within this task, we work with the City to develop the anticipated project program requirements.To assist in this effort, Mackenzie and City staff will review the results of a previous study conducted in 2008 by Maintenance Design Group (MDG)to validate work previously completed and to assess the need forfurther refinement of that document. Interviews with key staff will be conducted to develop a dialogue with the individual department representatives during this review period. In the interviews, we will reconfirm the responses to the findings of the previous study and start developing and updated program with information provided on current staff levels, projected staff levels, and the associated space needs. We will work with the project team to determine the projected future growth of staff and services. Issues such as technology upgrades, improved facilities, and departmental reorganization will be examined to ensure the staff projections are accurate. The findings of Task 1 will be released as a draft and made available to the Project Team for review priorto moving on to the next task. Task Summary: Team Members Involved: Jeff Humphreys Brett Hanson City Staff Involvement: Identification of key staff Review of previous study Review draft report and refinement of program document I H:\Projects\213036800\WP\PROPOSAL\PRO-City of Kent-Needs Assessment-140505 REV 2.docx City of Kent City of Kent Public Works/Parks Department Needs Assessment Project Number 2130368.MK May 5, 2014 (Revised May 19, 2014) (Revised July 28, 2014) Page 3 Duration: 10 working days Deliverables: Programming Document-summarizing Task 1 Task 2—Site Assessment/Concept Site Plans Task 2 requires the assessment of possible site development alternatives: the evaluation will consist of two potential vacant industrial sites. The evaluation will be of a site selected by the City of Kent. Each alternative's site constraints (topography, natural resources, etc.) will be analyzed to arrive at an effective net developable acreage. Both alternatives will incorporate the space needs assessment that was established during Task 1. We will identify the planning level costs, constraints, and benefits for each alternative. Additional site alternatives can be evaluated as an additional service, if requested. The design team will evaluate the advantages and disadvantages between the two alternatives. The site diagrams will Include a concept layout of site, buildings, and building adjacency diagrams based on the Task 1 space needs assessment. They will be configured to best meet the project teams work flow requirements and site configuration in an effort to maximize efficiencies. The findings of this study will be released as a draft and made available to the project team for review. The report will include the design team's evaluation of the site options and the preferred alternative. Task Summaryr Team Members Involved: Jeff Humphreys Brett Hanson Josh McDowell Michael Chen City Staff Involvement: Review two preliminary site development/building options Selection of preferred site Review draft report and provide input Duration: Fifteen working days Deliverables: Site Assessment document-summarizing Task 2 H:\Projects\213036800\WP\PROPOSAL\PRO-City of Kent-Needs A55e55ment-140505 REV 2.dacx City of Kent City of Kent Public Works/Parks Department Needs Assessment Project Number 2130368.MK May 5, 2014(Revised May 19,2014) (Revised July 28, 2014) Page 4 PROJECT FEE— PHASE I The contract fee for scope defined above in Task 1 and 2 is 17 500 including consultants p $ g and reimbursable expenses, and will be billed as a fixed fee. As noted in the project scope noted above, additional site assessments can be provided beyond the two identified. For each additional site assessment a fee of$4,500, including reimbursables,will be requested. SCHEDULE We can start the Phase I work immediately after execution of a signed contract. The work is anticipated to take approximately five weeks to complete the Base Services. At the conclusion of Phase I, we will pause to allow the City of Kent to assess funding sources for the proposed facility. i We are very excited about your project and the opportunity to work with the City of Kent on this project. If this scope meets your approval, we can prepare a contract and use this proposal letter as an attachment to outline our scope and fee. Sincerely, J R s Hu phreys roject Principal c: Brett Hanson, Michael Chen - Mackenzie it H:\Projects\213036800\WP\PROPOSAL\PRO-City of Kent-Needs Assessment-140505 REV 2.do" EXHIBIT 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. I k= 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. 111 i I I� All CERTIFICATE OF LIABILITY INSURANCE FOATE(MMIDDYY Y) 09124l2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, 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 MARSH USA INC. NAME: _ 111 SW COLUMBIA STREET,SUITE 500 PHONE FAX PORTLANO,OR 97201 E-ADD-MAIL - -- INC,NaI' _. Attn:Diane.Foster@mamh.com/(503)248-6530 - - INSURER(S)AFFORDINGCOVERAGE NAIC# S12905-STND-GAWUE-14-15 _ INSURER A:Hartford Casualty Ins Cc 29424 INSURED -- - - _. Group Mackenzie INSURER B:NIA NA Attn:Betsy Benedict INSURER C:Continental Casually Company 20443 PO Box 14310 - -- Portland,OR 97293 INSURER D:. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SEA 002494338-04 REVISION NUMBER: THIS IS TO CERTIFY 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 SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -- -- ADDL�SIIBR - --- --- -- LTR TYPE OF INSURANCE POLICY EFF POLICY EXP POLICY NUMBER MMIDD/YYYYJ MM/DDIYYYY LIMITS A GENERAL LABILITY 52 SBQ PT1839 SC 09101I2014 09ro1I2015 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED__ 300,000 PREMISES Eaoccunence $ _ CLAIMS-MADE �OCCUR MEO EXP(Any one person) $ 10,000 X $1,000,000 Stop Gap Uability _. PERSONAL&ADV INJURY $ 1,000,000 X Contractual per SS0008(04N5) GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG , $ 2,000,000 i POLICY X PRO-IPCT LOC $- -- A AUTOMOBILE LIABILITY 52 SBQ PT1839 SC 0910112014 09M12015 COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY Per accatleni $ AUTOS AUTOS ( ) X HIREDAUTOS X AUTOSNON-O PROPERTY DAMAGE $ -- Per eccltlenl) $ A X UMBRELLA LIAB X OCCUR 52 SBQ PT1839 SC 0910112014 09/01/2015 EACH OCCURRENCE $ 5,000,000 EXCESS UAS CLAIMS MADAGGREGATE S 5.000.000 DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- '. AND EMPLOYERS'LIABILITY YINTORY ANY PROPRIETOWPARTN ERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A _ an story in NH) E.L.DISEASE-EA EMPLOYE S If yes,deacnbe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C PROFESSIONAL LIABILITY AEH288337381 09/01/2014 0910112015 LIMIT 5,000,000 "CLAIMS-MADE' PRIOR ACTS DATE-11111204 DEDUCTIBLE 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AUach ACORD 101,Additional Ramer"Schedule,If more space Is required) RE.JOB#2130368--CITY OF KENT PUBLIC WORKS/PARKS DEPT.MAINTENANCE YARD NEEDS ASSESSMENT CITY OF KENT ISIARE INCLUDED AS ADDITIONAL INSURED(EXCEPT PROFESSIONAL LIABILITY)WHERE REQUIRED BY WRITTEN CONTRACT, GENERAL AND AUTO INSURANCE IS PRIMARY AND NON CONTRIBUTORY OVER ANY EXISTING INSURANCE AND LIMITED TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT, CERTIFICATE HOLDER CANCELLATION CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:JULIE PULLIAM THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 FOURTH AVENUE SOUTH ACCORDANCE WITH THE POLICY PROVISIONS. KENT,WA 98032 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Diane Foster ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: S2 SBO PT1839 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: j BUSINESS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organiaation(s): CITY OF KENT Location(s)Of Covered Operations: VARIOUS LOCATIONS Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section C. —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply " pPY to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions;or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Form SS 41 70 06 11 Page 1 of 1 Process Date: 09/24/14 Policy Expiration Date: o9/oI/I5 © 2011,The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission)