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HomeMy WebLinkAboutPK16-233 - Original - MacLeod Reckord PLLC - Morrill Meadows Master Plan for YMCA - 05/27/2016 ll ] " cords Ma. / �NT % �" CIIN� rll WAS U// /%0// 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: MacLeod Reckord PLLC Vendor Number: JD Edwards Number Contract Number: 1I _ This is assigned by City Clerk's Office Project Name: Morrill Meadows Master Plan for YMCA Facility Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment 2 Contract ❑ Other; Contract Effective Date: Termination late: 5/15/2017 Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: Lynn Gsborn/HC Department: Parks Planning & Dev. Contract Amount: $78,443.50 Approval Authority: ❑ Department Director OMayor EDCity Council Detail: (Le. address, location, parcel number, tax id, etc.): Master Planning for Morrill Meadows & East Hill Parks preliminary to constructin of a _ YMCA Facility on site. Division Contract PPD16-11 adccW 10877_8„14 ENT CONSULTANT SERVICES AGREEMENT between the City of Kent and MacLeod Reckord PU LC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation, (hereinafter the '"City")' and MacLeod Reckord organized under the laws of the State of Washington, located and doing bus|nes M at Vite Seat1U�, WA 98104 (hereinafter the �� «� &�fh"Consultant"). /��' p0 � /^ �` 1. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the fV||Vvving described plans and/or specifications: As described in Exhibit A, hereto attached: Provide Master Planning services for improvements to Morrill Meadows and East Hill Parks, preliminary to the construction of a YMCA Facility. 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 Iby May 15' 2017. III' COMPENSATION, A. The City shall pay the Consultant, based on time and materials, an amount not toexceed $78/443.50, for the services described in this Agreement. This is the nnaxirnunn 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 negotiated and executed amendment to this agreement, The Consultant agrees that the hourly or flat rate changed 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 beasdelineated in Exhibit A. 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 RCVV, the parties make the fw||wvving representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000} 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. 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 CONSULTANT SERVICES AGREEMENT- 2 (Over$20,000) 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. ]. City Business License Reauired. 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. CONSULTANT SERVICES AGREEMENT- 4 (Over$20,000) K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person, IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: ri 14 By: By: W11,111 igna r (signature) Print Name: Print Suzette Cooke Its M"Ut'i YA MIMA& Its_L_ Mavor DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Connie Reckord Hope Gibson MacLeod Reckord City of Kent 110 Prefontaine Place S, Ste 600 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) eptone) (253) 856-5112 (telephone) 3 -7919 (t C or connie maXleodre d.com hgibson@kentwa.gov , APPROVE 0 FCD Kent Law Department P;\P1ann1rig\M-r111 Meadows\YMCA Fac111ty%P-J..t D-19-M..L..d R-k-d-CONTRAL7.d... CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) 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, 1 have read the attached City of Kent aidministrative 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: For; Title: Date: EEO COMPLIANCE DOCUMENTS - I 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: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 MacLeod R I ord PLLC Lar ids(�.,,ap,".,, Archit-,2ctum- N FIanninc M (JrI)an De§�i Pl[ Scu[h, sir Ul"K') Q'0-0 F 206 3Z2i 9 0 EXHIBIlT A Scope of Work March 30, 2016 City of Kent MORRILL MEADOWS MASTER PLAN PROJECT DESCRIPTION The City of Kent (City), in cooperation with the YMCA of Greater Seattle (YMCA), seeks to develop a master plan for the area known as Morrill Meadows Park, East Will Park, and contiguous private land between the two park sites scheduled for purchase. The scope of new development, to be located generally on the East Will Park site, includes an approximately 55,000 square foot(one floor) community recreation facility that will include a community aquatic center, attendant access road and parking lot, and undetermined site amenities. Some portion of the required parking for the facility may be provided off-site (shared parking with the church), but the total parking requirement is 275-300 stalls. Existing park program and facilities located on the Morrill Meadows site are anticipated to remain, in particular the restroom, picnic shelter, parking, paths, and art installations. Upgrades to selected facilities at Morrill Meadows will be included in the master planning effort, specifically increase in the number of available parking stalls at the existing parking lot, expanded children's play area, relocated dog park, adjusted pedestrian circulation system, and drainage improvements. The intent of both parties is that the park uses on the City land and the YMCA facilities on the YMCA facility site operate as a unified and mutually beneficial complex. SCOPE OF WORK The scope of work will include park program review, site analysis, wetland classification, geotechnical evaluation, storm drainage evaluation and analysis, support for public outreach, master plan alternatives analysis, preferred master plan recommendation, and final master plan documentation. The project area is as defined by the limits shown on the attached Exhibit B. OUTLINE OF SCOPE OF WORK Scope of work is further defined under Tasks below and shall consist of the following: 11. Master Planning Services Task 01 Project Management 02 Project Initiation and Data Gathering 03 Site Inventory and Analysis 04 Master Plan Alternatives 05 Preferred Master Plan 06 Final Master Plan EXHIBIT A(Continued) ROLES & RESPONSIBILITIES MacLeod Reckord will contract with sub-consultants as identified below. Roles and responsibilities are as follows: • MacLeod Reckord (MR)— Project management, team coordination, landscape architecture lead, program review, alternatives analysis, preferred and final master plan documentation; project oversight, and QA/QC. • PACE Engineers (PACE) —Civil engineering, including storm drainage evaluation, recommendations, and documentation. • Herrera Environmental Consultants (Herrera)— Environmental science, wetland delineation confirmation, estimated rating, and documentation. GENERAL PROJECT ASSUMPTIONS 1. The City has provided the information for site topographic/boundary survey that is available and which is suitable for master planning level documentation, but may not be comprehensive enough for Civil 3D volume calculations or more detailed development or design. 2. Wetland analysis will include approximate boundary confirmation of previously delineated wetlands and reporting of estimated wetland ratings for each of the previously delineated wetland areas within the entire project area. No additional wetlands beyond previous delineations will be delineated, however the estimated boundary will be identified on the base map. 3. The City has provided available storm reports, utility and record drawings for the project site, and the scope of work assumes these documents are accurate and sufficient for the master planning effort. 4. Any public survey questions will be prepared, distributed, and summarized by the City. 5. Coordination with YMCA personnel or third parties will be through the City. 6. No traffic studies or transportation concurrency evaluations are anticipated or included in the scope or fee. It is understood the YMCA will be responsible for that information. 7. No geotechnical investigation or reporting (including analysis for potential infiltration of stormwater) is included, and would be recommended as part of YMCA's site investigation effort. 8. Meetings and deliverables have been included in the Scope as outlined herein. SCHEDULE The scope of work is premised on a Notice-to-Proceed date of approximately April 21, 2016. Tentative schedule as follows: • All available data by City delivered to MR May 1, 2016 • Wetland classification and reporting complete June 1, 2016. • Inventory and analysis complete June 15, 2016. • Initial round of public outreach input complete July 1, 2016 • Master Plan Alternatives complete August 15, 2016. • Second round of public outreach input complete September 1, 2016. • Preferred Master Plan complete October 15, 2016. • Third round of public outreach complete November 1, 2016. • Final Master Plan complete December 15, 2016. 2 EXHIBIT A(Continued) TASKS PHASE II —MASTER PLANNING SERVICES 1.0 Project Management 1.1 Proiect Coordination: Coordinate with the City to ensure work products are exchanged in a timely manner, that work is completed on schedule, and meets the City's requirements. Coordinate with team members to discuss and distribute project data, ensure timely product delivery, and respond to requests for information. 1.2 Subcontracting: Coordinate scope definition and contracting with sub-consultants. 1.3 Document Management: Provide for the management of documents received and generated over the course of the project, including review, conversion, distribution, filing, and storage. 1.4 Proiect Schedule: Develop project schedule. 1.6 Quality Assurance/Quality Control: Conduct a quality assurance check of all deliverables prior to submittal to the City. 1.6 Invoicing: Prepare and submit regular invoicing and monthly progress reports. Deliverables: Contract Documents; Project Schedule; Meeting(Votes as required; Invoicing and Progress Reports. 2.0 Project Initiation and Data Gathering 2.1 Kick Off Meetings: Coordination meetings with City staff to review scope and schedule and define Work Plan. Coordination meeting with the City and their assigns (YMCA or others as determined by City) to review background, gather data, discuss programming and public outreach plan, confirm other processes and schedule. 2.2 Background Information and Document Search: Document search and assembly to provide background information for analysis and planning efforts. 2.3 Public Outreach Plan: Resolve public outreach plan, schedule, and requirements for deliverables or presentation materials. 2.4 Base Mapping: Format base mapping using survey as provided by City. 2.6 Parking: Resolve parking requirements/needs, including assumption of any shared parking with the church. 2.6 Site Reconnaissance: Site reconnaissance for purpose of analysis and planning. 2.7 Team Coordination Meeting: Coordination meeting with team to review background data and mapping, and collaborate on strategies to begin initial planning. Deliverables: Program statement; Public Outreach Plan; Base map; Meeting notes. Meetings: (2) City/team meetings; (1) Team meeting. 3.0 Site Inventory and Analysis 3.1 Storm Drainage Assessment: Assess on-site storm drainage conditions. Re-create probable basin(s) study with calculations to understand and characterize existing detention system and detention pond sizing. Map, or otherwise define storm drainage systems to provide definitive data for future development and to address likely requirements City of 3 EXHIBIT A(Continued) Kent Planning and Economic Development will expect these projects to meet if submitted under the current Surface Water Design Manual. Consult with City to resolve code questions and potential variances that might apply. Consider two options of projects (park development; building and related site development) moving ahead separately or concurrently and identify benefits/opportunities of these options. 3.2 Wetland Analysis: Confirm boundaries of previously delineated wetlands, rate wetlands using Ecology's 2014 Wetland Rating System and Chapter 11.06 of the Kent City Code to determine wetland buffer widths, and document the results in a technical memorandum. Provide input to team regarding impacts of likely storm drainage control measures on wetlands and streams. 3.3 Update Site Analysis Narrative/Graphic: Provide an updated site analysis narrative and/or graphic incorporating information provided in studies noted above. 3.4 Public Presentation: Provide graphics for on-line distribution of background information including project scope, schedule, and site inventory/analysis information developed to date. On-line materials may include survey questionnaire as developed by City regarding preferences, concerns, request for supplementary site analysis information. Deliverables: Storm Drainage Assessment Technical Memo, including calculations and graphics as necessary, Final Wetland Classification Technical Memo, Updated Site Analysis Narrative and Graphic. Meetings: (1) City/team meeting, 4.0 Master Plan Alternatives 4.1 Master Plan Alternative: Develop two draft master plan alternatives based on updated site analysis as provided by the team, and refined definition of programming as provided by the CityNMCA. Alternatives may include: 4.1.1 Storm drainage concepts (open detention vs vaults; strategies related to 2 basins; infiltration options) 4.1.2 Park program options across both park sites 4.2 Review and Revision: Meet with City and YMCA staff to review alternatives. Refine one (1) alternative for building layout and two (2) alternatives for site plan/park program layout for presentation to the public. 4.3 Public Presentation: Provide graphics for, and attend (1) public meeting to present YMCA's preferred building plan layout incorporated into two alternatives site plan layouts. Deliverables: Two Draft and Final Master Plan Alternatives. Meetings: (1) City/team meeting, (1) Team meeting, (1) Public meeting. 5.0 Preferred Master Plan 5.1 Preferred Master Plan: Provide one draft preferred master plan, with additional concept level detail for selected program elements (e.g. play area, sport courtsloutdoor plazas associated with YMCA building, planting buffer, phased development). 6.2 Review and Revision: Meet with City and YMCA staff to review preferred master plan. Refine for presentation to the public. 5.3 Cost Estimate: Provide planning level cost estimate for park program elements. No building related costs are included. 5.4 Public Presentation: Provide graphics for, and attend (1) public meeting to present preferred master plan. 4 EXHIBIT A(Continued) Deliverables: One Preferred Master Plan; Planning level cost estimate. Meetings: (1) City/team meeting; (1) Public meeting. 6.0 Final Master Plan 6.1 Final Master Plan: Refine and finalize the Master Plan. Provide a final plan graphic, brief program narrative, and final planning level cost estimate. Assemble all documentation into an abbreviated technical memorandum. 6.2 QA1QC: Review and package assembly for delivery. Deliverables: Final Master Plan Memorandum Meetings: none anticipated. 5 0 0 T _ to ca 3 C C O U_ Q H m x2 W 0 0 0 0 0 0 O O P N O (A O O U) O O t- (o c? N V U) O tV 0) to M (D VR .0 M (O T I� to f— LO (4 cc :3 N N co 0 Go L � L 0 0 0 0 O O W LO O r U N N (� I- f- f- M co aCNF M N tV O O O O O O 0 0 Co Cl 'O 'D p m L'i O H O ui O L6 JY Tl- N V aI M OO N M N (o � N CM CD co r to co 0) `r t0 O to o r0 C O N X C W UL m t� Q 'C C_ L E a N m .N Co �' N ❑ > C — (0 Q m m m 3 c 0 m o c m ¢ 0y a O c o c `m m = .r m •- c0 c N [L m in m O — > L �- E (v E O y 0 �O co 02dLL •i C/) U 0 0 0 0 0 0 N Co m T CV (i It u-i (G LL 2 F- 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 1185 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. DATE ACDRD. CERTIFICATE OF LIABILITY INSURANCE 5/9/MIDDlYYYY) 5 9/2016 PRODUCER (206)621-6444 FAX (206)515-0560 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION and Rogers Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Gur xY gHOLDER. 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 A:TRAVELERS INDEMNITY CO MacLeod Reckord PLLC INSURER B:ADMIRAL INSURANCE CO 110 Prefontaine Pl. S. #600 INSURERC: INSURER D: Seattle WA 98104 INSURERE: 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 ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P EXPIRATION LTR INSRD DATEMWDD DATE(MMID" LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES To RENTED $ 300,000 A X CLAIMS MADE a OCCUR 6803D786298 9/1/2015 9/1/2016 MEDEXP(Any oneperson) $ 10,000 X Stop Gap PERSONAL SADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GERL AGGREGATE LIMIT APPLIES PER: -PRODUCTS-COMP/OPAGG $ 2,000,000 X POLICY dEC LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) A X ALL OWNED AUTOS BA3D786471 9/1/2015 9/1/2016 BODILY INJURY {Per person) $ SCHEDULED AUTOS X HIREDAUTOS BODILY INJURY $ (Per accident) X NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A X EXCESSIUMBRELLA LIABILITY CUP7D958737 9/1/2015 9/1/2016 EACH OCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 $ X DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMBS X ER EMPLOYERS'LIABILITY 1,000,000 ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ A OFFICERIMEMBEREXCLUDED? 6803D786298 9/l/2015 9/1/2016 E.L.DISEASE-EA EMPLOYEE$ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER B PROFESSIONAL E0000020608-03 8/30/2015 8/30/2016 $2,000,000 OCCUR. LIABILITY 1 $2,000,000 AGGREGATE DESCRIPTION OF OPERATIONSILOCATIONSIVENtCLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: Morrill Meadows YMCA Master Planning. See attached for additional insured endorsement. 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 Parks Planning & Development 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT 220 Fourth Avenue South FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Kent, WA 98032 INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Karl MulloND - ACORD 25(2001108) ®ACORD CORPORATION 1988 INS025(0108pti AMS VMP Mortgage Solutions,Inc.(800)327-0545 Page I of 2 POLICY NUMBER: 6803D786298 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 P4W' it p5 A ma 6 m �wxnu.. p I a� OR IM r, � a . 4 �.�� .._ . .. i III i 1 1 • KENTiA Agenda Item: Consent Calendar - 7E Jf.S.. xGr Or. TO: City Council DATE: May 3, 2016 SUBJECT: Consultant Services Agreement with MacLeod Reckord for the Morrill Meadows Park Master Plan - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with MacLeod Reckord PLLC in an amount not to exceed $78,443.50 for the Morrill Meadows Park Master Plan, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: As the City works with the YMCA of Greater Seattle to bring a YMCA facility to East Hill, there is a need to create a plan for reconfiguring East Hill Park and neighboring Morrill Meadows Park. In addition to siting the new YMCA building and parking, the goals of the reconfiguration include improving the performance of the two parks as well as ensuring that none of the park's recreational value is lost in the siting of the new facility. The work will involve a site inventory and analysis, wetland delineation, storm drainage and utility evaluation and analysis, and other tasks to support the development of two master plan alternatives, and the ultimate selection of a preferred alternative. Public input will be sought as an integral part of the planning process. The contracted work will commence upon Council approval. The current schedule calls for the final master plan to be complete by fall of 2016. EXHIBITS: 1) Consultant Services Agreement 2) Scope of Services RECOMMENDED BY: Parks and Human Services Committee YEA: Fincher, Higgins, Budell NAY: BUDGET IMPACTS: Revenue and Expense will impact the YMCA/Morrill Meadows Budget. Corporations: Registration Detail - WA Secretary of State Page 1 of 1 O Online annual report filing for profit corporations and LLCs will be unavailable from May 25 to June 5. Be sure to file your annual report before that time! Read more... (/corps/BLS-Online-Repo rting-Unavai lab le-May-25-to Iune-5.aspxl MACLEOD-RECKORD PLLC UBI Number 602870639 Category PLC Profit/Nonprofit Profit Active/Inactive Active State Of Incorporation WA WA Filing Date 10/10/2008 Expiration Date 10/31/2016 Inactive Date Duration Perpetual Registered Agent Information Agent Name CONNIE RECKORD Address 110 PREFONTAINE Pi.S STE 600 City SEATTLE State WA ZIP 981042626 Special Address Information Address City State Zip Gaverrling Persons Title Name Address Member RECKORD,CONNIE L 20800 MILLER BAY ROAD NE POULSBO,WA 98370 http://www.sos.wa.gov/corps/search_detail.aspx?ubi=602870639 5/26/2016