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PK17-434 - Original - KPFF - Salt Air Vista Park - Drainage Improvement Design - 08/10/2017
/ a er it 1 KENT % WAS�INOTO Document 1 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: KPFF Consulting Engineers Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Salt Air Vista Park Drainage Improvement Design Description: ❑ Interiocal Agreement ❑ Change Order ❑ Amendment N Contract ❑ Other Contract Effective Gate: 7/31/1.7 Termination Date: 6/30/18 Contract Renewal Notice (Days): 0 Dumber of days required notice for termination or renewal or amendment Contract Manager: Lynn Osborn/BH Department: Parks Plannin & Dev. Contract Amount: 48 865.00 Approval Authority: ❑ Department Director ZMayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Design engineering services for drainage infrastructure improvements at Salt Air Vista Park, including construction drawings & specifications. Division Contract #PPD17-23 adccWI0877...,8.m44 • KENT WNIIHINOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and KPFF Consulting Engineers THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KPFF organized under the laws of the State of Washington, located and doing business at 2407 N 31st Street, Suite 100, Tacoma, WA 98407 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in the attached Exhibit A, consultant will design drainage improvements for Salt Air Vista Park. Work will include researching the existing drainage infrastructure, verifying sizing of existing stormwater infrastructure, sizing of on-site conveyance system improvements, and stabilization of the hillside. Consultant will provide construction drawings and technical specifications in paper and electronic format. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by June 30, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $48,865.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation 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. 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Sig natures....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: CITY OF KENT: By:- By: (s'gn, - A� t(signature) (signature) Print Name: Wq-4-txM pA- 4Q AoW-Z Pri�n Na uzette Cooke vn r Its— Ar,6,EPocjA3jE (title) Its avor DATE: Aaftuncz t ua DATE: Y//o NOTICES TO BE SENT TO* NOTICES TO BE SENT' TO., CONSULTANT: CITY OF DENT: KPFF Consulting Engineers Bryan Higgins Bill Armour City of Kent 2407 N 31st Street, Suite 100 220 Fourth Avenue South Tacoma, WA 98407 Kent, WA 98032 253.359.90,54 (telephone) (253) 856-5113 (telephone) bill.armour@kpff.com bhiggins@kentwa.gov APPR AS TO FORM: Kedt a Department P:\Plarming\Salt Aw Vista Park\2017\Dia!naqe.lfnpry Design-KPFF-CONTRACT,rt-,vi!9f,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 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:a ee to fulfill the five requirements referenced above. ZA�By:. Am _ W LL-1-LA-M �A- Agmwa ,Ae For: )� Title: At,�qA-m Date: At(&tA!,-ZFr ?-i 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 EXHIBIT A itlpff July 31,2017 Mr. Bryan Higgins Park Capital Project Manager Parks Planning and Development 220 Fourth Avenue South Kent,WA 98032 Subject: City of Kent Salt Air Vista Park Drainage Improvements Revised Engineering and Design Services Scope and Fee Proposal Dear Mr. Higgins: Thank you for contacting KPFF in regards to the drainage improvements of Salt Air Vista Park.This revised scope and fee proposal describes the proposed services to be provided to City of Kent by KPFF Consulting Englineers for the design of the project. This proposal is based on the project scope as described at our site visit on May 16, 2017, and as requested has been revised per the State of Washington Office of Financial Management (OFM) Guidelines. Project Understanding The purpose of the project is to provide drainage improvements at Salt Air Vista Park. The park is currently hampered by a number of drainage related issues. The following is known about the Park: • The Park includes a pasture-like area with a mow-strip perimeter, a concrete trail that leads to a wooded trail, and a fenced, concrete and bark playground area. • Park improvements were made in 1998. • The Park is bounded by City of Kent property to the west and south, 261h Place S. (developed and undeveloped right-of-way)to the east, and S. 246 1h Street to the north. We understand that the focus of the drainage improvements will be along the south and east sides of the property to intercept off-site runon and convey it across the developed portion of the park to a stabilized outfall.We understand that there are three areas of concern that are to be addressed with the improvements of this project: 1. Eastern and southern edge of the park, where off-site runon has eroded a channel along the exterior of the existing concrete mowstrip. 2. Transition from the concrete paved sidewalk to the wooded trail, where existing undersized piped culverts have been undermined, exposed, and has become a hazard to park users. EXHIBIT A(Continued) Mr. Bryan Higgins July 31, 2017 Page 2 3. The steep embankment along the western edge of the developed portion of the Park property. As stormwater has been conveyed across the site it has created an unstable, incised channel. Generally, KPFF will collaborate with City of Kent Staff in the design of drainage improvements anticipated to include: 1. Research the existing drainage infrastructure in the area to; i. Identify existing drainage infrastructure within the vicinity of the Park and their potential influence on the drainage patterns observed. ii. Identify the drainage boundaries upstream of the Park. iii. Determine design flow rates for the 25-year and 100-year storm event. 2. Verification of sizing of existing stormwater infrastructure that appears to be designed for intercepting and conveying off-site contribution. 3. Sizing of on-site conveyance system improvements such as; i. An engineered channel on the outer edge of the existing concrete Mow Strip, ii. Conveyance culvert, iii. Downstream outfall structure 4. Stabilization of the hillside. Scope of Basic Services Based on the Office of Financial Management guidelines, none of the work associated with this project is considered Basic Services. Scope of Extra Services Based on the Office of Financial Management guidelines the proposed work is considered Extra Services. The scope of Extra Services will include design of stormwater improvements and restoration measures. Below is our anticipated scope of Extra Services: 1. Project Management a. Coordination and consultation: We will provide coordination, documentation and correspondence with City of Kent's Staff to support project progress and communications, including: 1. Up to three (3) project coordination meetings to be held at the offices of Parks Planning and Development for discussion of project progress, planning and design details, and permitting requirements. 2. Three site visits for observation or investigation of existing conditions, anticipated to include one site visit at the start of design, a second site visit during the Schematic Design phase to validate existing conditions that may be unclear based on the original design drawings, and a third visit during Design Development Phase to investigate existing conditions or review proposed solutions with Parks Planning and Development Staff. EXHIBIT A(Continued) Mr. Bryan Higgins July 31, 2017 Page 3 3. Coordination with City of Kent Parks and Geotechnical Engineering Staff, of Consultant for development of soil stabilization design. 4. Regular telephone and email correspondence as needed. 5. Tracking and review of action items, status updates, due dates. 6. General project guidance and facilitation of decision making. b. Invoicing to be completed monthly. c. Preparation of a project schedule for analysis and engineering services, and preparation of updates as project work progresses. d. Quality assurance and quality control reviews completed by KPFF staff at appropriate intervals during the progressive completion of the work, prior to submittal of deliverables to Kent Parks Planning and Development. 2. Schematic Design (30% Design) a. During the schematic design phase, KPFF will prepare an evaluation package to identify the existing drainage issues creating the ongoing flooding and erosion problems and possible storm drainage improvements and site restoration measures to address the issues including: 1. Research adjacent roadway and parcel drainage plans, 2. Develop drainage basins and determine sources of stormwater runon, 3. Evaluate existing storm drainage conveyance for adequacy, 4. Develop stormwater collection and conveyance options to pass run-on through the site minimizing flooding and erosion, 5. Develop site stabilization measures to address hillside erosion and to minimize furture erosion, 6. Prepare a memorandum describing the evaluation noted above including rough order-of-magnitude (ROM)estimates for options developed, 3. Design Development (60% Design) a. During the design development (DID) phase, KPFF will advance the concept design documents for the improvements and restoration measures described above providing additional detail and refinement to the design, including: 1. Civil/site plans showing layout, type, size and location of proposed improvements; 2. Enlarged plans, sections, and details as appropriate to depict the configuration, materials and features of the proposed improvements; 3. Outline technical specifications, 4. Opinion of Probable Cost, prepared at 60% level of completion for the construction documents. 4. Construction Documents (100% Design) a. Prepare a final drawing and technical specification package for the site improvements associated with the measures described above. Documents will be developed to a level of detail to adequately describe the work and guide the completion of construction. Construction documents will include: 1. Civil/site plans showing layout, type, size and location of proposed improvements; 2. Enlarged plans, sections, and details as appropriate to depict the configuration, materials and features of the proposed improvements; EXHIBIT A(Continued) Mr. Bryan Higgins July 31, 2017 Page 4 3. Technical specifications in conformance with WSDOT Standard Specifications, 2016 edition; 4. Opinion of Probable Cost, prepared at 100% level of completion for the construction documents. Assumptions The following assumptions were used in preparation of this scope and fee proposal: 1. Survey will be performed by KPFF Consulting Engineers. Survey will be suitable for design purposes and will locate and map existing and above ground features at the Park,with topography mapped at a 1-ft contour interval. Generally the survey will encompass the developed park site, the necessary embankment to the west and south, and the adjacent City Right of Way. 2 The project improvements will trigger a Targeted Drainage Review, per the 2017 City of Kent Surface Water Design Manual. 3. All permitting, permit applications, and coordination will be completed by Parks and Planning Department. KPFF will provide supporting data for the permitting process upon request, including engineering plans and/or calculations required to show compliance with the Targeted Drainage Review. 4. Design documents will be prepared so that all improvements can be constructed as a single construction contract. 5. Bidding and construction support services will be accomplished under a separate scope and fee proposal. 6. If required, public meetings and public notice advertisements will be conducted by Parks and Planning Department. 7. Agency permitting and review fees will be paid by others. 8. Utility locating services will not be required. 9. Geotechnical services, if required will be contracted by others. 10. Delineation, mapping and consultation regarding wetlands, if required, will be performed by others. 11. Field monitoring or data collection for water quality, hydraulic or hydrologic conditions will not be required. Deliverables KPFF will provide the following deliverables: 1. Electronic files for AutoCAD format construction drawings, including external reference files. 2. Signed and stamped construction drawings in electronic pdf format for 11x17 drawing size. To the extent possible KPFF will format these drawings to be under 12 MB in size 3. Signed and stamped construction drawings printed full size. 4. Electronic files for technical specifications in Word and PDF format. 5. Engineers cost estimate in electronic Microsoft Excel and PDF format. EXHIBIT A(Continued) Mr. Bryan Higgins July 31, 2017 Page 5 Schedule We propose to commence with the work upon execution of a mutually agreeable contract with the City of Kent Parks Planning and Development Department. A general schedule of the work is anticipated to be: 1. Complete roadway and adjacent parcel drainage research-2 weeks after NTP 2. Accomplish field survey- 5 weeks after completion of NTP 3. Complete Schematic Design (3,0%)—2 weeks after receipt of design level survey 4. Complete Design Development (60%)—4 weeks after completion of Schematic Design 5. Complete Final Design (100%)—4 week after completion of Design Development These milestones should be considered tentative pending completion of the necessary drainage research and completion of Schematic Design. Budget We propose to perform the services described in this letter on a time-and-materials basis, with a not to exceed budget of$48,865. Services will be invoiced at the hourly rates shown in the attached schedule. A breakdown of anticipated tasks and effort is attached. We are excited about working with you on this project and we are ready to begin this work immediately, please call me if you have any questions or need additional information. Sincerely, William M.Armour,PE,SEED AP Associate Cc: Chelsea Bennett, KPFF Enclosures Salt Air Vista Park Drainage Improvements City of Kent Parks,Planning,and Development EXHIBIT A(Continued) Estimate of Fees July 31,2017 KPFF Principal Project Prof. Design CAD Admin Total Professional Services Manager Engineer Engineer Tech. Hours KPFF Fee $200 $150 1 $140 $12S $105 1 $75 Project Management Preparation of work schedules and updates 1 31 1 1 1 1 3 S450 Invoicing 1 31 1 1 1 31 6 $675 Coordination,Meetings and Meeting Preparation Coordination and progress meetings(approximately 3) 6 6 12 $1,650 Coordination with Geotechnical Engineer 2 4 6 $800 esign review meetings tollovinng o,andesign 6 6 12 $1,650 submittals Schematic(300/6)Design Documents Site visits(up to 3) 2 8 10 $1,300 Research adjacent roadway and parcel drainage plans 1 12 13 $1,650 Develop drainage basins to site 2 8 10 $1,300 Evaluate existing stormwater conveyance 1 4 5 $660 Develop proposed stormwater conveyance and soil stabilization 2 8 10 $1,300 Prepare memorandum describing drainage issues,proposed repair 2 16 8 26 $3,140 options,and ROM cost estimates Design Development(60%)Documents Preparation of general drawing including legend,abbreviations,and 1 4 8 13 $1,490 general notes(1 sheet) Preparation of plan view drawing for demolition and TESC(1 sheet) 1 4 8 13 $1,490 Preparation of plan view drawing for storm drainage(1 sheet) 1 4 8 13 $1,490 Preparation of profiles and details for storm drainage(1 sheet) 1 4 8 13 $1,490 Preparation of plan view drawings for site restoration improvements (1 1 4 8 13 $1,490 sheet) Preparation of site restoration details and sections(1 sheets) 2 4 8 14 S1,640 Technical specifications(outline specifications) 1 2 3 $400 Preparation of order of magnitude estimate of construction cost 2 8 1 10 $1,300 OC and technical coordination review z 1 2 $400 Final(100%)Design Documents Preparation of general drawing including legend,abbreviations,and 1 4 4 9 $1,070 general notes(1 sheet Preparation of plan view drawing for demolition and TESC(1 sheet) 1 4 8 13 $1,490 Preparation of plan view drawing for storm drainage(1 sheet) 2 4 8 14 S1,640 Preparation of profiles and details for storm drainage(1 sheet) 2 4 8 14 $1,640 Preparation of plan view drawings for site restoration improvements (1 2 4 8 14 $1,640 sheet) Preparation of site restoration details and sections(1 sheets) 2 4 8 14 $1,640 Technical specifications 4 8 12 $1,600 Stormwater site plan(Drainage Report) 4 16 8 28 $3,440 Preparation of order of magnitude estimate of construction cost 2 14 S1,800 P OC and technical coordination review 2 2 S400 Sub-Total-Professional Services $42,115 Allowance for Topographic Survey $6,500 Expenses-KPFF Mileage and reproduction $250 Subtotal Expenses $250 Grand Total-Services and Expenses $48,865 EXHIBIT A{Continued) 1q:yff KPFF' CONSULT ING ENGINEERS Special'Projects Division FEE SCHEDULE for CITY OF KENT SALT AIR VISTA PARK DRAINAGE IMPROVEMENTS PROFESSIONAL ENGINEERING SERVICES Rates are effective January 1, 2017 and are subject to change January 1, 2018. Personnel Charges Principals of KPFF: Principal $200/hour Employees of KPFF: The billing rates shown below represent the maximum rate to be charged for each billing rate category for employees of KPFF. Actual Wiling rate will equal the lessor of 3.2 times the employee's direct salary cost or the billing rate indicated below. Senior Project Manager $150/hour Project Manager $150/hour Senior Technical Specialist $150/hour Senior Engineer $150/hour Professional Engineer $140/hour Design Engineer $125/hour Designer $11 0/hour CAD Technician $11 0/hour Project Management Assistant $95/hour Administration $75/hour Reimbursable Expenses Non-salary costs such as charges for express mail, delivery, out-of-house document reproduction, and special test equipment required to accomplish the work shall be reimbursed at cost plus 10% mark-up. Miscellaneous, routine overhead expenses such as telephone costs, regular mail, clerical supplies, etc. will not be reimbursed. Approved travel and per them costs accrued during the course of Basic and Additional Services shall also be reimbursed at cost plus 10% mark-up. Per them rates will, be in accordance, with OFM guidelines. Subconsultants The billings of sub consultants will be marked up 10%. EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. EXHIBIT B (Continued) B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. EXHIBIT B (Continued) E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Client#: 25326 KPFFINCO ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 7/0612017 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 NAME: ___Jerry Noyola Greyling Ins.Brokerage/EPIC ac°NH E.I:770-552-4225 FAX -AIc � Ne: 866-550-408 Alpharetta,GA 30022 ADDRESS: jerry-noyola@greyling.com2 3780 Mansell Road,Suite 370 E-MAIL --- INSURER(S)AFFORDING COVERAGE NAIC J _ INSURER A.Travelers Prop Casualty Co of 25674 INSURED INSURER B:The Phoenix Insurance Company 25623 KPFF, Inc.1601 5th Avenue INSURER C:Travelers Indemnity Company 25658 -- --— ----- ._ -- -- --- _-- INSURER D:Lloyds of London ------- ---- ----- - - -- Seattle,WA 98101 wsuRER E ._- - Suite 1600 -- - --- -r -- - INSURER F: COVERAGES CERTIFICATE NUMBER: 16-17 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 CONTRACTOR 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 SUB POLICY EFF POLICY EXP _ LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM1D MWDDffYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 680003H32477A 0/10/2016 10/1012017 EACH OCCURRENCE s 1 000,000_ CLAIMS-MADE X OCCUR AIDS ppAM AG EE TO RENTED ( ) PREMISES(Ea occurrence)___ s 300,000 A X WA Stop Gap 680-61-1805490 0/1012016 10/101201 7 MED EXP(Any one person) S5 000 X Contractual Llab. j(CA) PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER . GENERAL AGGREGATE 52,000,000 POLICY ^I ECOT LOC I PRODUCTS-COMPIOPAGG 52,000,000 OTHER: - S B AUTOMOBILE LIABILITY r COMBINED SINGLE LIMIT BA1283L587 0110/2016 10110/2017(Eaa=deno _ $1,000,000 XJANY AUTO _ BODILY INJURY(Per person) S ALL OWNED - SCHEDULED AUTOS X AUTOS BODILY INJURY(Per aCCidertt) S XI HIRED AUTOS X NON-OWNEO I PROPERTY DAMAGE I$ -- _� AUTOS Per acatlent i C X UMBRELLA LIAB OCCUR CUPOOOF630530 _ 0/1012016 10/1012017 EACH OCCURRENCE s10 000 000 EXCESS LtAB CLAIMS-MADE I AGGREGATE 510,000,000 _ DED X RETENTION S10,O00 S _ A WORKERS COMPENSATION _ XJUB5836Y21616 1011012016'10/1012017 X PER E I IOTH- AND 8 IITY YIN ! --- ER �ANY PROPRIETOR/PARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED N 1 A EL EACH ACCIDENT - -_ 51,000 000 (Mandatory in NH) E L DISEASE-EA EMPLOYEE $1 00O 000 It as,describe under -- - r - -- -- - -- SCRIPTION OF rofess onal/OPERATIONS below D P _ E L DISEASE-POLICY LIMIT IS1,000,000 ---- - -Y---- -- - ----�- --- - - ---- B0146LDUSA1604384 0/10/2016 10/1012017 Per Claim$10,000,000 Pollution Liab. Aggregate$10,000,000 SIR$250 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Salt Air Vista Park Drainage Improvements Design.The City of Kent is named as an Additional Insured with respects to General&Automobile Liability where required by written contract.The above referenced liability policies with the exception of workers compensation&professional liability are primary&non- contributory where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Lynn Osborn ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Street Kent,WA 98032 AUTHORIZED REPRESENTATIVE 01988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S8187911M564569 JNOY1 This page has been left blank intentionally. r; COMMERCIAL GENERAL LIABILITY Policy Number: 680003H32477A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO 1S AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS(Section IV): Part, but only with respect to liability for"bodily in- However,if you specifically agree in a"contract or jury", "property damage" or "personal injury" agreement requiring insurance'that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis,this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to lions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you;or share with the other insurance, provided that: c. In connection with "your work" and Included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance, whether primary,excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a"contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization_ We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as Lions for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the"bodily CG D3 8109 07 ©2007 The Travelers Companies,Inc. Page 1 of 2 Includes the coovriahted material of Insurance Services Office.inc..with its permission 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 1): 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 ©2007 The Travelers Companies,Inc. CG D3 8109 07 Includes the coovdahted material of Insurance Services Office.Inc..with its permission ry 1 rs' iw r r a a 'P N mg, 1 1 �I i " k i ,1