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HomeMy WebLinkAboutEC17-084 - Original - KPG, Inc. - Contract- 03/02/2017 �Owllulanlgggl MINN", OT C 0 rd S M L NT �ii /1" Document 'y�'y y�y y y 1M Y�S H 1 14 Q T'O iYA ii 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 KPG Vendor Number: JD Edwards Number Contract N'umb+er: O This is assigned by City Clerk's {office Project Name: Development of the Food Innovation Network Pilot Kitchen Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment [,Contract ❑ Other: Grant Contract Effective Cate 1/ 7/17 Termination Date: 7/1/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ben Wolters Department: Econ & Comm. rev. Contract Amount: Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Meet Me On Meeker Design and Construction Standards w� As of: 08/27/14 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and KPG, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KPG, Inc. organized under the laws of the State of Washington, located and doing business at '"' 'h "_ _ " ,�� ' to/A (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The City, through its Meeker Street Corridor Master Plan, has developed a conceptual vision for Meeker Street. This scope of work will develop design and construction standards that will guide the development of public right-of-way, including roadway, intersections, promenade walkway, sidewalks, and landscape and urban design features. The scope of work attached as Exhibit A includes: • Review of the 2009 City of Kent Design & Construction Plan. • Provide design standards that will create the identlty of the Meeker Street District Overlay • Providing standard construction details and limited technical specifications for incorporation into both City initiated and private developer construction plans; and as furthered detail in Exhibit A. 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 July 1, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $99,487.45 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 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 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. 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 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 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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. J. 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. 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. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) CONSULTANT: CITY OF KENT: By: n1 AA By: si na re (signature) Print Nam : � U/�%S rint Na Suzette Cooke Its is Mayor (title) DATE: �/2/217/2' DATE: / NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: John Davies Bill Ellis KPG, Inc. City of Kent r53-90 A - 3131 E//io17'4ye-, 4$00 220 Fourth Avenue South seats , `WA--98+" 6e.o"#A!j wp 98/z/ Kent, WA 98032 206-286-1640 (telephone) (253) 856-5707 (telephone) (253) 856-6454 (facsimile) APPR ED S TO FORM: tLa/Crepartment 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. 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: For: C-7. -.251 G Title: -, i-"jGtz:r Date: 3/`Z /20/ 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: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 HOUR AND FEE ESTIMATE Project: City of Kent K p G Meeker Street Design and Construction Standards ♦ Archlaectum L� hlJanuary 5,2017d; pP"„atr; 1 Labor Hour Esttmsto Protect Deslan CAD EnglnearIsr Fitatnearf 7ochnIcIgN Project Senior urban Landscape urban Manager En tnar Designer Archttect Des[ner C[arteel Hours Total Foe $ 117.22 S 184.47 S 139.33 $ 100.49 S 67.51 S 79.79 Task Omit ton Okect 9a1 Cow Os S 4728 88.35 S 5$21 S 42.96 S 2T23 $ 32.12 Task 1:Pro ect Manoosmant 1.1 Pro oct coordination and mane smorll 30 0 12 0 0 0 42 5 S.188.39 12 Prepare monthly proomas re arts 3 months 0 0 4 0 a 4 8 S 876AS 1.3 Morift Coordination Moolfte 10 8 6 0 0 0 22 $ 2,994.96 Ralmburaabf0 0 -sea breakdown for detafes $ 115.00 Task Total& 40 6 22 0 0 4 72 S 9171.60 Tank 2:Review Background Decumenls 2.1 Ba round Document Review 2 6 6 8 0 0 22 S 2.909.18 Roknlwrsable expenses•see breakdown lot detais S Task Total 2 6 1 6 1 a I0 0 22 13 2,009.18 Teak 3:Stroalsca o Oesl n and Standards 3.1 Design 2Vokement 2 2 1 12 1 20 1 80 0 116 S 9,765.60 32 Define Dest n Elements 4 12 40 78 110 0 244 15 23,747.64 3.3 Socaon BA for Stmei Deskln Standards 4 16 12 20 0 0 52 5 8.80222 3A Cost Esthnatas 4 12 8 22 26 0 14 S 7 790.16 Reimbursable ox ses.zoo breakdown for dotage Is 69.00 Task Total 14 42 72 140 218 0 486 I k 4ft 274.63 Task 4:Standard Constructlon Dotails and Spocillcatlons 4.1 10ralt and tinalizo con3truallon dataffs and specs 4 8 22 56 SB 0 /46 S 14,728.74 42 DA/QC 4 6 t2 12 0 0 36 IS 4.734.49 42 Coonflnotlan and revlaw wbh CtV Statl 4 8 8 0 0 0 20 S 2,899.27 RobnbumabW expenses-see breakdown for details Is 69.00 Task Total 12 24 42 rig 56 0 204 1 S 2 31.50 Task 5:PropelW Ownar/Devaio er Coordinadon SA E5022m OwnatOutreach 34 16 40 18 2a 10 142 S 16.524.84 Reimbursable a nses Is 172.60 Task Total 1 34 1 16 1 40 1 18 1 21 1 10 142 1 S 16 597.34 YUM HOURS AND TOTAL ESTIMATED FEE- 1 102 1 94 1 182 1 2A 1 SOD 1 14 92 Hourtv rates era based an the followtno: Direct Salm Coats Oveead 117.BB6 S 5574 S 285 $ 5226I SS 9 ?73 $ 32f9 5 V.105 3794 11777 Fixed Fee @ 30%11 14.19 S 19.91 S WS I S 12.89 5 0.171s 9.681 30.00% Total Labor Rate 15 1 iZ22 $ 154.47 S 139.3315 106.48 5 67.5115 79.79 DRAFT EXHIBIT A—SCOPE OF WORK MEEKER STREET DESIGN &CONSTRUCTION STANDARDS A. Introduction The City of Kent is developing Meeker Street as al multimodal corridor and entrance from Kent-Des Moines Road to downtown Kent. The City, through its Meeker Street Corridor Master Plan, has developed a conceptual vision for Meeker Street. This scope of work will develop design and construction standards that will guide the development of public right-of-way, including roadway, intersections, promenade walkway, sidewalks, and landscape and urban design features. The scope of work includes: • Review of the 2009 City of Kent Design & Construction Plan. • Provide design standards that will create the identity of the Meeker Street District Overlay • Providing standard construction details and limited technical specifications for incorporation into both City initiated and private developer construction plans. B. Background The Meeker Street standards are intended to be built upon the following background documents: • Draft Meeker Street Corridor Master Plan, November 2016. • 2009 City of Kent Design & Construction Standards. • City of Kent Downtown Design Guidelines 2014. • Landscape Plans: Development Assistance Brochure#5 (PWD2035)2002. • Street Trees: Development Assistance Brochure#14 (PWD2028) 2009. • Kent City Code Sections 6.10.15.07. • Current applicable items that have been adopted into the City Code or Public Works Standards. C. Assumptions The following assumptions have been made to proceed with the scope of work. Provided by the KPG: • Assumes three (3) month process. • Review and update identified outstanding issues and questions in the Draft Meeker Street Master Plan, to selected theme. • Develop standard streetscape and urban design elements for street improvements for Meeker Street, including product information, specifications and installation details, based upon working with the City and the selected corridor themes (per Draft Meeker Street Corridor Master Plan, November 2016). • Create illustrations of streetscape design treatment(developed from the Meeker Street Corridor Master Plan Design Concepts), up to three (3)total (including promenade walkway, gateway features, wayfinding locations, and intersection treatments), in both elevation and plan views based upon proposed building massing, streetscape elements and approved Right-of-Way. • 8-1/2 x11 typical street standard details and related specifications, to be adopted into the City's Standard Plans. The City Engineer will be responsible for reviewing and stamping the plans and may adjust the standard details for each specific plan, as required. Changes to the details and specifications could include geotechnical, structural, Right-of- Way, topographic and manufacturer information. Provided by the City: • All required background documents. • Coordination with the City Public Works Department. • Submittal reviews, comments, and approvals. • Public notices and property owner mailing and postage with Vendor assistance (if required). • Meeting room arrangements (if required). • Council updates and presentations (if required). • Review for Council final approval. • Current City specification boilerplate and other related standards. • Review and stamping of street standard details for adoption into the City's Design & Construction Standards. D. Project Deliverables Deliverables prepared by KPG are identified at the end of each task. E. Scope of Work Task 1 —Management/Administration/Coordination 1.1 KPG shall provide continuous project management for the project duration (estimate three(3) months). 1.2 KPG shall prepare monthly status reports identifying work in progress, upcoming work elements, reporting of any issues or additional information needs, and key accomplishments for the billing period. 1.3 KPG shall attend three (3) meetings with the City staff, including Public Works Department, Community Development and other departments to coordinate the development of Design & Construction Standards. Deliverables: ❑ Project Schedule and necessary updates. ❑ Monthly progress reports and invoicing three (3) months). ❑ Meeting agendas. Task 2—Review Background Documents 2.1 KPG will review all pertinent background documents identified in Section B—Background in Exhibit A. Task 3—Streetscape Design and Definition 3.1 Based on City's selected theme for the corridor and a general understanding of the City brand, KPG shall review, refine and illustrate up to three sections of approximately two hundred feet(200'). These streetscape illustrations will define the key elements of the design including promenade walkway, gateway features, wayfinding, prominent intersection treatments, nodes and other features in both elevation and plan views, as developed in the Draft Meeker Street Corridor Master Plan.These illustrations shall be used for staff feedback, public outreach and for defining the design elements for the corridor. 3.2 Define the design elements included in the Draft Corridor Master Plan, including but not limited to: • Heights, distances, sizes, and mounting of all streetscape elements. • Decorative accent paving, scoring patterns for sidewalks, promenade and street elements. • Tree grates and/or planters, including uplighting, and watering systems. • Street planting palette of shrub, grasses, perennials, groundcovers and street trees types consistent with City standards including Low Impact Development (LID) systems. • LID drainage and medians. • Lighting including street and pedestrian luminaire poles and accessory fixtures and accent lighting (with material and color selection). Lighting selected shall include products, spacing, height, light volume and direction, Light-Emitting Diode (LED) fixtures (coordination with PUD), banner and flower basket arm system, and irrigation system. • Street furnishing products, with materials, color, finishes, locations, and mounting including items such as benches, bike racks, litter and recycling receptacles, bollards, free standing planters, media storage units. • Decorative utility covers, such as manhole covers, trench drain grates, and catch basins, including location guidelines. • Utility boxes, covers and grates, location standards and requirements. • Traffic Signal Poles. • Guidelines for Public Art placement. • Guidelines for median planting, lighting etc. • Guidelines for sustainable elements. Up to (2)two alternate products, of similar look and function, shall be provided with the standard details in case of discontinued items and must be approved by the City. All products shall be selected taking into account maintenance, longevity, wear, replacement, accessibility and American Disability Act(ADA) requirements, and costs and benefits. All applicable items shall be reviewed for compliance with applicable department or agency including but not limited to Public Works, PUD, Waste Management, King County Metro, etc. 3.3 KPG shall provide text for Section 6.4 (Street Design Standards)for incorporation into the City of Kent Design & Construction Standards document describing the Meeker Overlay District and Overlay Design Standards including streetscape, urban design and strategic place-making elements. 3.4 KPG will refine its cost estimates to reflect the specific materials selected for the streetscape plan. A cost estimate for the frontage improvements for Riverbend development will be estimated to reflect specific costs related to that development. Deliverables: ❑ Electronic copy photo-simulation perspectives (InDesign and PDF format), 11x17 handouts, and 22x34 mounted boards as needed. ❑ Streetscape graphics (PDF format) 11x17 handout, 22x34 mounted boards as needed. ❑ Draft and final sub section for the Section Design and Construction Standards document (Word or InDesign and PDF format). Task 4-Standard Construction Details and Specifications 4.1 KPG shall draft and finalize standard construction details and specifications for the applicable street and urban elements including: • Minor Arterial Street Standard Plans within Meeker Overlay: 0 3 lane section with median. 0 5 lane section (600' to the west of Washington Ave). 0 4 lane section (between Washington Ave and Thompson Ave). 0 3 lane section (between Thompson Ave and Lincoln Ave). 0 2 lane section (between Lincoln Ave and 4th Ave). • General and special product information, colors or materials, heights, distances, sizes, mounting, approvals needed for optional feature items and other specifications of all streetscape elements. o LID features: o Porous pavement materials. o Integration of raingarden areas into medians or green spaces along promenade areas, including plant materials. o Stormwater media filters as appropriate(e.g. Filterra units, Modular Wetlands). o Decorative storm drain and utility covers. v Paving: o Decorative accent paving. o Typical sidewalk plan layout detail, including sidewalk finishes, tree grate locations, luminaire locations with junction box layout. o Crosswalks paving and striping. o Lighting: o Street and Pedestrian Luminaire Poles (with material and color selection). Details shall include products, spacing, height, banner and flower basket arm system, watering system attachments. o Accent Lighting. • Street Trees, Planters and/or Grates: o Tree spacing, planting, watering requirements, and LID elements. o Tree grate specifications including adjustable grate sizing for trunk growth. o Pole banners, including poles, arms, material and size of banners (this will not include banner graphics, signage and color). • Street furnishing plans and details for installation, with product information, materials, color, finishes, including benches or other seating, bike racks, litter and recycling receptacles, bollards, free standing planters, and media storage units. • Decorative utility covers. • Utility box locations. • Traffic signal poles. 4.2 KPG shall provide quality assurance/quality control reviews by senior staff of all details and specifications prior to final submittal to the City. 4.3 KPG shall coordinate specifications and standard details with the City Staff, Public Works Department etc., including up to three(3) coordination meetings Deliverables: ❑ Electronic copies (in PDF and AutoCAD 2013 format) of standard construction details. Task 5. Property Owner/Developer Coordination 5.1 KPG shall provide support and assist with one (1) informational open house for property owners to discuss the proposed improvements from Russell Avenue to 6th Avenue S. In addition KPG shall assist with up to (4) meetings with individual property owners (TBD), subsequent to the open house. KPG shall use information from King County Assessor Data and City of Kent to develop a list of property owner contacts and will work with City Staff to provide displays and documents for the open house. KPG shall meet with the individual property owners as determined from the open house, and/or property owners with current development proposals, to discuss the proposed design for the corridor and for the potential impacts to the owner's property. Individual meeting materials will include descriptions the project, primary objectives, existing ROW lines and additional property needed, and the process for securing easements/right of way or takings, depending on the stage of proposed development. 5.2 KPG will coordinate with the City and FNW/Riverbend development team to identify how best to integrate the Meeker Street project into the development plans for the site and to transition the Meeker Street facilities to the Green River Trial. This task may include meetings, review of development design, coordination with City staff and other measures that fit within the hours and budget for this task, up to four(4) meetings. Deliverables: ❑ Supporting materials for property owner discussions and meetings and informational open house. Task 6. City Council Presentation 6.1 KPG will prepare City Council presentations for the December 13, 2016 City Council meeting to present findings from the traffic and urban design analyses. Includes a preliminary meeting with City staff. Deliverables: ❑ Electronic copies (PowerPoint or PDF) of presentations. 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) S. 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. 0 CERTIFICATE OF LIABILITY INSURANCE OATE(MM/DDnWY) 6/1/2016 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 endorsements. PRODUCER ,a —_Michael J_Hall&Company Michael J Hall&Company PHONE FAX Hall&Company Matt`'�"e' - �$.3709 ..INC, 19660 10th Ave NE _aoarsEss_ >jjfLC�c11e@hall;�adGQtTIAaAx CQIll Poulsbo WA 98370 INSURER(S)AFFORDING COVERAGE NAIC 0 !NsuaERA._TheTray.elers-IndemnityCompany -_ _. _ __ 5- 5$ INSURED 282 FNsugEA_B;The_Trayelers Indemnity_Company of_ 5682 KPG Inc n-m-R-Rc_The.Travejers_lndemnity_C.ompariy of 25066 753 9th Avenue North INSURER D: Battle WA 98109 INSURER E INSURER F- COVERAGES CERTIFICATE NUMBER:1385844607 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. POLICY EFF POLICY EXP i LTR TYPE OF INSURANCE ( I POLICY NUMBER MIDDNYW MMIDDrYYYY LIMITS 8 GENERAL LIABILITY 6803247N451 6/112016 6/1/2017 EACH OCCURRENCE $1,000,000 DAMAGE YO RENTED i I X COMMFRCIA4 GENERAL LIABILITY PREMISE:S.I[o oce-urroixe). j$300.000 ICLAIMS-MADE Ix I OCCUR MEO EXP(Any one parasol_ 35,000 X XCUJOCP/BFPD PERSONAL 3 ADV INJURY $1,000,000 x Cross Liabffity GENERAL AGGREGATE $2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG j$2.000,000 POLICY x PRO' — 1 LOC 1.3 C AUTOMOBILE LIABILITY BA4011N714 6/1/2016 61112017 [Ea _$1 ,000,000 X ANY AUTO BODILY INJURY(Per person) $ AI 1 OWNED SCHEDULED AU TOS AUTOS BODILY INJURY(Per eccidenq $ _ I _ NON-OWNED pROP6ATY DAMAGE $ HIRED AUTOS AUTOS [Pgr ocpdgnl)„ :e A X UMBRELLA LIAB �X IOCCUR CUP3779TO32 6/1/2016 6M/2017 EACH OCCURRENCE 51.000.000 EXCESS LIAa CLAIMS-MADE AGGREGATE $2.000.000 DED REIENI ION 3 $ B WORKERS COMPENSATION 6603947N451 6/1/2016 611/2017 WC SrAru- X OTH- WA Stop Gap AND EMPLOYERS'LIABILITY YIN -TORY.UMITi __. ANY PROPRIETORIPARTNERIEXECUTIVE E L EACH ACCIDENT $1.000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA -- -- -- -----— (Mandatory in NH) E L DISEASE-EA EMPLOYE $1.000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more apaco Is required) Project: 16037 City of Kent is an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured.The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subrogation applies to the Commercial General Liability,Auto Liability,Umbrella 1 Excess Liability and Workers Compensation I Employers Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Julie Pulliam ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S. Kent WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010105) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY Injury' or "property damage" occurs, or the "per- erage Part, provided that the "bodily Injury" and sonal Injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed: (Section V): a. After you have entered Into that contract or "Contract or agreement requiring Insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect;and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 02007 The Travelers Companies,Inc. CG D3 8109 07 Includes the copyrighted material or Insurance Services Office,Inc,with its permission COMMERCIAL AUTO Any "employee"of yours is an"insured" while us- (3) If a repair or replacement results in better ing a covered"auto" you don't own,hire or borrow than like kind or quality,we will not pay for the in your business or your personal affairs, amount of betterment. D. SUPPLEMENTARY PAYMENTS — INCREASED (4) A deductible equal to the highest Physical LIMITS Damage deductible applicable to any owned 1. The following replaces Paragraph A.2.a.(2)of covered"auto". SECTION II—LIABILITY COVERAGE: (5) This Coverage Extension does not apply to: (2) Up to $3,000 for cost of bail bonds (in- (a) Any "auto" that is hired, rented or bor- cluding bonds for related traffic law viola- rowed with a driver;or tions) required because of an "accident" (b) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed from your"employee". these bonds- G. PHYSICAL DAMAGE — TRANSPORTATION 2. The following replaces Paragraph A.2.a.(4) of EXPENSES—INCREASED LIMIT SECTION 11—LIABILITY COVERAGE: (4) All reasonable expenses incurred by the The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of "insured" at our request, including actual SECTION III — PHYSICAL DAMAGE COVER- loss of earnings up to $500 a day be- AGE: cause of time off from work. E. TRAILERS—INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximurrt of $1,500 for temporary transportation expense in- The following replaces Paragraph C.I. of SEC- curred by you because of the total theft of a cov- TION I—COVERED AUTOS: ered"auto"of the private passenger type. 1. "Trailers" with a load capacity of 3,000 H. AUDIO, VISUAL AND DATA ELECTRONIC pounds or less designed {primarily for travel EQUIPMENT—INCREASED LIMIT on public roads. Paragraph C.2.. Limit Of Insurance, of SEC- F. HIRED AUTO PHYSICAL DAMAGE TION III — PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph A.4., Cover- deleted. age Extensions, of SECTION III — PHYSICAL 1. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Liability COVERAGE: Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also provides glass damage if the glass is repaired rather than Physical Damage Coverage for an owned "auto", replaced. then the Physical Damage Coverage is extended J. PERSONAL EFFECTS to "autos" that you hire, rent or borrow subject to the following: The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" in any one DAMAGE COVERAGE: "accident" to a hied, rented or borrowed "auto"is the lesser of: Personal Effects Coverage (a) $50,000; We will pay up to $00 for "loss" to wearing ap- (b) The actual cash value of the damaged or parel and other personal effects which are: stolen property as of the time of the (1) Owned by an"insured"; and "loss or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2) An adjustment for depreciation and physical age, condition will be made in determining actual cash value in the event of a total"loss" Page 2 of 3 r9 2010 1 he 1 rave[pn Indemnily Ce)nlpany.All rights reserved. CA T4 20 07 10 Incwdes copynghtrvi rraleaai cf Insurance SP.rvim s Ufhce,Inc.with itc pernuss on. BUSINESS LICENSE Per RCW 82 focal sales and use tax must t be coded LICENSE MUST BE PAID ANNUALLY BY No. 1715 for all qualified JANUARY 1st TO AVOID PENALTY sales within the city of K E O T Issuance of Lieense Does Not Imply Licensee's Kent. W A 5 H I N O T O N Compliancq with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year ; 2017 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2160065 KPG PS DBA KPG INC MAYOR 3131 ELLIOT AVE SUITE 400 The City of Kent SEATTLE,WA 98121 At 220 4TH AVE 50 KENT.WASHINGTON 99032 4 I� t