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HomeMy WebLinkAboutPK17-548 - Original - Berger Partnership PS - West Fenwick Park Renovation Phase II Design - 12/15/2017 "M eRecords M erne �. ENT � WASH—crox Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Berger Partnership ? �, Vendor Number: JD Edwards Number Contract Number: PX 1'7% `$'9 This is assigned by City Clerk's Office Project Name: West Fenwick Park Renovation Phase II Desiqn Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 11/30/2017 Termination Date: 12/31/2019 Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: Lynn Osborn/BL Department: Parks Planning & Dev. Contract Amount: $71 5.79R.(nn Approval Authority: ❑ Department Director ❑Mayor ®City Council Detail. (i.e. address, location, parcel number, tax id, etc.): Full service, including renovation design, construction documents, bid assistance and _. .. .. ..a......_....__,_ construction oversight for West Fenwick Park Renovation Division Contract #PPD17-29 adcc W 10877„_,8,,,..14 CONSULTANT SERVICES AGREEMENT between the City of Kent and Berger Partnership PS THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Berger Partnership organized under the laws of the State of Washington, located and doing business at 1721 8th Ave. North, Seattle, WA 98109 (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 attached Exhibit A, consultant shall provide design services for the West Fenwick Park Renovation Phase II project, including pre-design work, bid assistance, construction documents and construction observation. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $215,298.00, 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. Roggolution of Disputesv rni 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. Enure 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. Counterpa.rts and natures bLy, 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: f✓ CITY OF KENT: By:, By: (signature) �� (signature) Print Name: " M nt N- ette i Suz Conk Its �� „� Its M or WIT- DATE:WI DATE: 1-21-Zr11-7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Andrew Mitton Brian Levenhagen Berger Partnership City of Kent 1721 8th Ave. N. 220 Fourth Avenue South Seattle, WA 98109 Kent, WA 98032 206-325-6877 (telephone) (253) 856-5116 (telephone) andym@bergerpartnership.com bjlevenhagen@kentwa.gov AP PRO AS TO FORM: K nt artment P'.\Planning\West Fenwick Park\West Fer-ck Park Renovation Ph—2\8er CD's\WF Reno PaII Dos! p�ger pI E�kvyre✓-2LiNj@.N c 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. 1 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,Ida re to Ifi'I the five requirements referenced above„ For: cdr Title: �b�C1WAmI, Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent„ I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ................................................................................................. _..__ For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A 11.6.17 �IIIGii e 1 1 Brian Levenhagen Kent Parks, Recreation and Community Services 220 Fourth Ave. S. Kent, WA 98032 Proposal for Landscape Architectural Services—West Fenwick Park Improvements Dear Brian. We are pleased to provide you with this fee estimate for the West Fenwick Park hnprovement project. The following outlines our proposed landscape architectural services, including all subconsultants, with each phase of service described and a corresponding fee assigned. In addition to this narrative, the attached fast<worksheet details tasks to be completed, schedule, deliverables and tasks performed by subconsultants. This fee proposal is based on our negotiations with you and the assumptions that we have detailed herein and in the attached worksheet. Design Team .............. We have assembled a team of very qualified professionals to assist with the preparation of drawings, specifications, and estimates of probable construction costs for each aspect of park design, The team will be led by Berger Partnership, with Stephanie Woirol as the project manager and main contact point for all information between the client and each team member. Andy Mitten, as principal-in-charge, will lead the public facilitation process and oversee site design. Our team will be supported by a talented team of subconsultants who will assist with technical documentation and code compliance for the project. Design team members include' 92_Ff„Qgl:i*Jlhlvt2,.Enccingers- Civil Engineer, David Schwartz Civil site design, grading, drainage, frontage improvements, paving, temporary erosion and sedimentation control (TESC), parking and permitting support. ICE'F .Leynsutl9itnc�_D an N - Site Survey, Jereme Chapman Support the design team with additional site survey information to supplement the existing survey completed by the city. Scope is assumed to be an allowance as indicated in the fee estimate worksheet, Associated Earth Selence.�yll —Geotechnical Engineering, Bruce Blyton and Jeff Laub. Geotechnical recommendations related to site soils matrix, maximum cut slopes, site grading, paving profiles and picnic shelter design recommendations, If required by code,they will perform their Phase 2 scope related to site infiltration to satisfy stormwater drainage code requirements. I 'tpltltif;z;pe Ar,r I11I.P r"I CII E.' Berger Partnership rs 206 325 6877 17218th Ave iN bergerpartnership com l,.l l-.fern Desij,'n Seattle,wA 98109 EXHIBIT A(Continued) 11.6.17 �r''����nrc1 Nt Rsruio Brian Levenhagen V raer Kent Parks, Recreation and Community Services Wow Proposal for Landscape Architectural Services—West Fenwick Park Improvements Page 2 of 8 Mazzetti+GBA- Electrical Engineering, Jay Jack and Jon Krombein Provide electrical upgrades to re-energize existing site lighting, study fixture types and make long-term maintenance recommendations, and provide power to the new picnic shelters. Includes study of existing light levels at the parking lot for afterhours use. Two Four Two Six- Irrigation Design, Jason Anderson Irrigation design and coordination of a booster pump for field irrigation. Task 1: Pre-Design Work in this phase includes those tasks identified an the attached task worksheet and as noted in the assumptions in this fee estimate. 1. This phase of work is assumed to be two months in duration starting in January and ending in February 2018. 2. The purpose of this phase is to perform a detailed inventory and analysis that will inform what the opportunities and constraints are for the project. This phase will conclude with the first public workshop. Scope associated with pre-design Includes the following. a. Hold a kick-off meeting at the city, This phase includes up to three meetings, including the kick-off meeting. b. Inventory and analysis phase. Review existing documents available from the city and identify if additional information is needed. c. Coordinate with local water utility to confirm working water pressure at the site (78 PSI) is adequate to support turf rotors at the playtiield. Design work Includes coordination of a booster pump. Confirm with electrical to accommodate within existing electrical panel, IT Electrical Engineering team to make recommendations on light levels at parking lot and review existing pedestrian light fixture types for possible upgrades, e. Define opportunities and constraints: Prepare quantifiable metrics and graphics that will support the decision making process. Intent of this phase is to identify needs and determine associated costs with desired program elements to vet how they fit within the project budget. EXHIBIT A(Continued) 11.6.17 pJIARI NJ,8' HJon Brian arks,hagen Recreation er er Kent Parks, Recreation and Community Services �y Proposal for Landscape Architectural Services—West Fenwick Park Improvements Page 3 of 8 I. Assist the city with preparation of plans and graphics for an open house workshop pertaining to proposed improvements to the park toward the end of February. Includes coordination with the city to discuss open house location and strategy, g. Begin site survey scope to pick up additional field information to support design efforts identified during pre-design, h. Engage Geotechnical site observations (Phase 1) to support design and permit documentation. Determine if Phase 2 infiltration support is needed to meet local stormwater code requirements. 3 For deliverables in this phase, see attached task worksheet. Task 2: 30%Construction Documents/SEPA support Work in this phase includes those tasks identified on the attached task worksheet and as noted in the assumptions in this fee estimate' 1. This phase of work is assumed to be two months in duration starting in March and ending in April 2018, 2. The purpose of this phase is to develop 30%design plans to better define project scope and permitting strategy. Includes submitting the SEPA checklist, 3. Scope associated with preparation of 30% design includes the following. a. Attend one meeting in Kent and two meetings in Seattle to review progress and discuss key project elements. b. Prepare preliminary site layout plans based on feedback from the city on pre-design review comments. c. The city will develop a project level SFPA checklist with support from the design team as needed, d Attend an early guidance permit meeting with city planning department. e, Coordinate work with vendors for selected site elements such as play area equipment and picnic shelter vendors. f. Prepare 30%design plans. g. Prepare a preliminary cost estimate. h Prepare outline specifications EXHIBIT A(Continued) 11.6.17 PA R T Nf RR SIi 1 r' Brian Levenhagen Recreation er r Kent Parks, Recreation and Community Services �••+ Proposal for Landscape Architectural Services—West Fenwick Park Improvements Page 4 of 8 i. Hold an open house toward the end of April to update the community on progress of park development, Includes coordination with the city to identify open house location and strategy. 4. For deliverables in this phase, see attached task worksheet. Task 3: 60%Construction Documents/Land-Use Permit ..................._. Work in this phase includes those tasks identified on the attached task worksheet and as noted in the assumptions in this fee estimate. 1, This phase of work is assumed to be two months in duration starting in May and ending in June 2018. 2. During this phase of work, the 30% plans will be refined based on review input from various city departments Additional meetings will be held to understand code required plan elements. 3, Scope associated with preparation of 60% design includes the fallowing. a. Review 30% plans with city and address all comments from parks staff to ensure the project meets department goals and specifications. b. Integrate public input comments into the design plans. c. Attend up to two working meetings with the city and three meetings with the design team. d Attend a pre-application meeting with associated city permitting departments to understand land-use and building permit process and required elements. e. Coordinate with the design team to fully integrate all design elements into the plan set including all stormwater requirements, grading and utility work, electrical upgrades and irrigation. f, Coordinate required elements with product vendors and finalize elements to help inform the next phase of work, g, Refine the probable cost of construction and begin developing project specifications. 4. For deliverables in this phase, see attached task worksheet. Task 4:90%Construction Documents/Permitting Work in this phase includes those tasks identified or, the attached task worksheet and as noted in the assumptions in this fee estimate. FXH I BIT A(Continued) 11.6.17 PAR r NERSW IP Brian Levenhagen Recreation er r Kent Parks, Recreation and Community Services Proposal for Landscape Architectural Services—West Fenwick Park Improvements Page 5 of 8 1 This phase of work is assumed to be four months in duration starting in July and ending in October 2018. 2. Work associated with this phase will coordinate necessary technical aspects of the project to submit for all associated building and site related permits within Kent. 3. Scope for this phase includes, a, Attend various meetings with the city to coordinate all aspects of the project, b. Review 60%plans with the city and address all comments from parks staff to ensure that the project meets department goals and specifications. c. Attend up to two meetings with the design team. d, Prepare permit ready plans for submittal to required city permit agencies in early August, e, Respond to city permit comments and make required plan revisions to complete the review cycle. f Compile a final 90%plan set for final review by the city. g, Finalize the probable cost of construction and specifications for review prior to bidding the project in the next phase. 4. For deliverables in this phase, see attached task worksheet. Task 5: Bid Assistance ........................................................................................................................... Work in this phase includes those tasks identified on the attached task worksheet and as noted in the assumptions in this fee estimate' 1. Phase is assumed to be from January 2019—February 2019. (2 months) 2. During this phase, we will incorporate any final comments or corrections and prepare a bid ready set for distribution to the city's procurement office We will also assist the city with the following tasks during the bid phase. a. Finalize the bid set plans and specifications for distribution and advertising. b, Attend a pre-bid meeting. c. Provide responses to any contractor questions that arise. d. Prepare any required addenda materials needed to clarify the project scope. 3. For deliverables in this phase, see attached task worksheet, EXHIBIT A(Continued) 11.6.17 i,LL /'PEA R T N ER SH I Brian Levenhagen 'ivadl� �� r Kent Parks,Recreation and Community Services `k"w Proposal for Landscape Architectural Services—West Renwick Park Improvements Page 6 of 8 Task 6:Construction Observation Berger Partnership will provide construction observation services while your project is being constructed. The purpose is to check that the contractor's work is consistent with the construction documents and the design intent. 1 Phase is assumed to be from April 2019—November 2019. (8 months) 2. Our services will include checking the contractor's submittals of samples, site visits to observe the progress of the work, preparation of construction observation reports noting progress as well as aspects of work requiring correction, and review of the contractor's pay requests. 3 We will assist you in running weekly construction meetings to track the progress of construction. 4, Our work will include attending a pre-construction meeting, one punch list walk through and one back punch walk. 5. Post construction will include the following. a. Preparation of record drawings based on contractor's as-built drawings. Meetings External meetings such as meetings with various city entities and permit agencies are identified on the attached task worksheet. Assumptions .........n......._......m.m.._.....m.................................................................................................................................................................................. We have made the following assumptions: 1 Berger Partnership will be responsible for leading meetings as required and will provide meeting summaries of key issues and themes shaping the design. 2, This proposal assumes a project SEPA checklist will be completed for the project but assumes a full EIS process will not be triggered. The city will lead this task with support from Berger as needed. 3 A site survey has been performed by the city and will be provided to the project team. Additional areas where information is needed will be provided by KPFF Consulting Engineers and is included in the scope and fee as a not to exceed allowance, 4. Additional background information from past projects on site will be provided to the design team by the city. This includes as-built documents, gectechnical reports and other information as available. EXHIBIT A(Confinued) 11.6.17 PA Jr I I.S H I Brian Levermagen Recreation bell ell Kent Parks,Recreation and Community Services Proposal for Landscape Architectural Services—West Fenwick Park Improvements Page 7 of 8 5, No public art is anticipated in the scope at this time. We will work with the city to determine how the existing public art can be accommodated into the site design. Any coordination with the artist is not anticipated as part of this scope and fee. 6. Frontage improvements will be reviewed as part of the pre-design work to determine it the planning department has any required thresholds that would trigger improvements. Fees for this work will be negotiated with you orce the scope of work is known. 7. Fees for the required permits are not a part of the construction bid and are assumed to be paid by the city, 8 Specifications will be in CSI format, Front-end documents (Divisions 0& 1) will be provided by the city. If these documents are not available, we can discuss options to proceed. 9, The project will be bid through the city's contracting department. 10. The project will be constructed outside the wet weather extension period, and no special permits will be needed for construction. 11, NPDES permit will be obtained by the contractor and is not included in this scope and fee. 12. Post construction services do not include a one-year warranty review and report or a one-year maintenance evaluation and report, If this Is desired, we will submit additional fees to you for approval prior to providing the service, 13. The fee agreement is primarily a lump sum fee billed monthly for percentage completed Landscape Construction Budget We understand the total project budget to be$2 million, We will work with you to allocate construction contingency as well as determine possible bid alternates to ensure the project is within budget as the project progresses. EXHIBIT A(Continued) 11.6.17 ,/+PP,A R T N E R5+.H I Brian Levenhagen {,w,arger Kent Parks,Recreation and Community Services �^•+ 'fir Proposal for Landscape Architectural Services—West Fenwick Park Improvements Page 8 of 8 Fees Based on the scope of services identified at this time, we have established a fee for landscape architectural services as follows: Berger Partnership $105,995,00 Subconsultants (+10% markup) $88,75900 Reimbursable expenses $1,800.00 Sub Total $196,554.00 AESI Phase 2 Geotechnical allowance (if_required,_bystorm,_waterpermiit,,,review)_ $18,744,00 Grand Total $215,298.00 Fees will be billed monthly based upon the percentage of work completed, This percentage will be based on hours, milestones and deliverables, Services beyond those noted In this proposal will be billed as additional services on an hourly basis (as identified in the attached task worksheet) or lump sum fees can be negotiated. The hourly rates for the people involved on our team at this time include. Principal $185,00 per hour Associate $145.00 per hour Project Manager $120,00 per hour Landscape Designer $95.00 per hour Administrative Staff $70,00 per hour We are excited about this opportunity to continue working with you and the community to Improve the overall park experience at West Fenwick Park! We look forward to address any questions or additional information you may need in reviewing this fee estimate. Should your understanding be any different from ours, please notify us immediately. Sincerely, Berger Partnership PS t i' """ APPROVED: Andy Mitten Principal, Landscape Architect Date EXF111311 A(Conlinued) @'h k P N A N S r1'FF.I, lr:��� wigi b� B ONO Fee Estimate Worksheet Date Last Revised: 11,6.17 Project:West Fenwick Park Principal PM LA Staff Admin AM SW CG Total Task 1: Pre-Design(8 weeks-January and February 2018) Inventory&Analysis Project kick-off meeting (all team) 4 8 $1,700,00 Review documents 2 12 $1,810.00 Opportunities & Constraints Meetings with city(2 total, 1 held in Seattle) 6 6 $1,830 00 Prepare site plans & support images/graphics for 4 32 $4,580.00 public workshop (define project program) Public meeting #1 (City to facilitate cQi end February) 0 0 $0.00 Pre-Design Total 16 58 0 0 $9,920.00 Task 2:30%Construction Documents/SEPA(8 weeks-March and April 2018) Meetings with city (3 total, 2 held In Seattle) 8 8 $2,440.00 Prepare preliminary site layout plans 2 24 $3,250.00 Early permit guidance mtg with city 4 8 $1,700.00 Product selection &vendor coordination 24 $2,880.00 Prepare 30%design plans 6 32 $4,950.00 Prepare preliminary cost estimate 12 2 $1,580.00 Prepare outline specifications (CSI format) 2 4 2 $990.00 Support city with SEPA project checklist 0 4 0 $480.00 Prepare graphics for public workshop 2 16 $2,290,00 Public meeting #2 (April) 4 4 $1,220.00 Construction Documents/SEPA Total 28 136 0 4 $21,780.00 Task 3:60%Construction Documents/Land-Use Permit(8 weeks-May and June 2018) Review 30%plans with city&address comments 4 12 $2,180,00 Integrate public input comments 1 16 $2,105.00 Working meetings with city (2) 6 6 $1,830.00 Working meetings with team (2) 4 4 $1,220.00 Pre-application mtg with city 4 4 $1,220.00 Stormwater/grading/electrical coordination 2 18 $2,53000 Coordinate vendor related items 12 $1,440.00 Prepare 60%design plans 6 32 $4,950.00 Refine 60%cost estimate 1 8 2 $1,285.00 Prepare 60%specifications 2 8 4 $1,610,00 Construction Documents/Land-Use Permit Total 30 120 0 6 $20,370.00 Task 4:90%Construction Documents/Permitting(4 months-July through October 2018) Review 60%plans with city&address comments 6 12 $2,550.00 Meetings with team (2) 6 6 $1,830.00 Prepare permit ready plans for submittal early Aug 2 24 $3,250,00 Respond to permit comments/2 correction cycles 2 24 $3,250,00 Compile 90% plans for parks dept. review 2 24 $3,250.00 Refine cost estimates 1 8 2 $1,285,00 Refine specifications 8 4 $1,240.00 Construction Documents/Permitting Total 19 106 0 6 $16,655.00 EXHIBIT A(Continued) g breer Fee Estimate Worksheet Date Last Revised, 11.6.17 Project:West Fenwick Park Principal PM IA Staff Admin AM SW CG Total Task 5: Bid Assistance(2 months-January and February 2019) Finalize bid set for printing &advertise 2 24 $3,250,00 Finalize specifications (Divs. 0 & 1 - 33) 6 8 12 $2,910.00 Pre-bid meeting 4 4 $1,220.00 Answer contractor questions &issue addenda 12 $1,440.00 Bid Assistance Total 12 48 0 12 $8,820.00 Task 6:Construction Observation(8 months-April and November 2019) Pre-construction meeting (1) 4 4 $1,220.00 Weekly meetings &reports (32 meetings) 24 128 $19,800.00 Submittals, RFIs, Change orders 2 16 8 $2,850 00 Punch list (1 visit) 4 4 $1,220.00 Back punch (1 visit) 4 $480.00 Post construction (O&M manuals, etc.) 24 $2,880-00 Construction Observation Total 34 180 0 8 $28,450.00 Project Totals(Berger) 139 648 0 36 $105,995.00 Subconsultants KPFF Consulting Engineers (Civil &Structural Engineering) $40,100.00 KPFF Consulting Engineers (Survey allowance) $8,000,00 Mazzetti (Electrical Engineers) $10,250.00 Studio 2426 (Irrigation) $12,000,00 AESI Phase 1 (Geotechnical Exploration) $10 340,00 Subconsultant Total $80,690.00 Reimbursable Expenses (Berger) $1,800,00 10% Mark-up Subconsultants $8,069.00 Sub Total $196,554.00 AESI Phase 2 (If required through permitting) $17,040 00 10% Mark-up Subconsultants $1,704.00 Grand Total $215,298.00 i 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional 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. 2. Workers' Comoensat,ion coverage as required by the Industrial Insurance laws of the State of Washington. 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 Liabil' ty insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. EXHIBIT B (Continued) 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. 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 Consultant 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. I GATE(HMI..—YY) A�"IC>�` HN' CERTIFICATE OF LIABILITY INSURANCE 11/2e/2017 THIS CERTIFICATE IS ISSUED ASAMATTER 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 endorsemenl(s). PRODUCER CONTACT Kari Di Julio PMONF'._. .........,..__ ....... ... ........ ........ Gurry&Rogers Insurance Agency, Inc. .M. r: (206)621-6444 (206)5150560 1200 5th Ave. #1825 'MAIL .kari,(4gurryandrogers.com a.....................NS.......,........_.._.,.........,.. ............,�........ .. ....... URERB)AFFORDING COVERAGE NAIOis ...................... .........._...,,,,., _........_.. ..... ." ....... Seattle WA 98101 INSURERA Travelers Property Casualtv 25674 INSURED INSURERB:THE TRAVELERS INDEMNITY COMPANY 25658 Berger Partnership, P.S. INSURERC 1721 8th Ave. N. INSURER INSURER E'. Seattle WA 98109 INSURER COVERAGES CERTIFICATE NUMBER:CL1410103316 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR °Y _ ....__.� --------.__hTkTSL SOBfz '..'..'. ._.._ vePOESEVYW W (P4YIDVN VY TYPE OF INSURANCE r.00 PnLIfY NhIMRFR (Y Y M NY' LIMITS GENERALLIABILITY FAD CICCURRENCE $ 1,000,000 uAlwl(L 10 Nf NYLu u In —....... X L:aJCJIMI;RCIA1 G1 NreAI I IAlllrf I nu FI11, ;1 S 300 000 LO/24/2017 10/24/2018 A � GhIMS MADI �� )(;(:Up 6606A84050 IaNU FA lAn�> , w t.<nl $ PERSONAL B ADV INJURY . ...._ ........... ..... ..� ,,........_. ... ....... ..... GRISFRAL AL;(RL(,ATI $ 2,000,000 1dW AGGREGATC 1IAIT AFPLIDS PER PRODUCTS-OOMP,OPAGG $ 2 000,000 i'a}L.IE74 X NMitJ„ Em AUTOMOBILE LIABILITY CQUBINLO S4,1 LL 0,01 B ANY AU I() .000.000 HODR Y IN TTY(Po(P0,w)P $ AIIOWNEU - CHFOUIFII A5D434565 10/24/2017 10/24/2018 X NUIIILY INJURY(Vera C tl0p1) 4 ALII(15 AUI Uti X HIREDAUIOS X AN h1I &v.R ' lAMA(.k y Y p�l6N 1 WNf p f"d2ClP Lfdtl"Y f $ '. X UMBRELLA LIAR X � Ol(JUN (ACH OC<UL.RI Nh S 3,000,000 B Excess une �._I IAnA�ManI.. ArIRIrAII_ ..$ 3,000,000 ._.. ....__ �_...w. __.... nc:n u1-n-unnwx 'VP5D439B BA 10/24/2017 10/29/2018 _... _... A WORKERSCOMPENSATON WC STATU uTFb AND EMPLOYERS'LIABILITY X TnRV I MITC L.i, ANY PROWHETOR,IARI NERA XL('0HPA YIN A STOP GAP FI EACH ACMDFNi _ S 1 a00 000 040 TCfRWL.M'Ik'R Yr,lul)llry NIA(M3Ndam Yaw NNh 6806N89050 10/24/201710/24/2018 LL OLFA"E-FAI-PAPIOYLI1 1..:n,_.0:,.0.,.,...0,c.0, 0 IfyL J Vn,Hrnav �� 0 fblSi Jll1 110lff N15P l ill WCAd'CJMC4)a1o"' .. __..... ....-- _ ......... .....__.......... ._ ...... FL DI CA9F PPL.CY UhAIT ..3 �..1.000,0001 A ERRORS & OMISSIONS L05340249 10/4/2017 10/4/201e a (olLLU 01.%JTI Nn6 $40.000 Ded. LIABILITY $.'000 V)J AGGRLGATL DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (A(tach ACORD 101.Additional Remarks Schedule,If more space Is required) Certificate holder is named as additional insured as respects the operations of the named insured. Project: West Fenwick Park CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLE]BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVACCORDANCE WITH THE POLICY PROVISIONS. City of Kent Parks, Recreation and Community Services 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 96032 Kari DiJulio/KD + ACORD 25(2010108) ©1988-2010 ACORD CORPORATION. All rights reserved. I N5025 '01005)01 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6806H84050 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -d OWNERS, LESSEES OR CONTRACTORS (FORM D) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: City of Kent (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1982 eServices Page 1 of 2 Help D0d llh%h11 vl Revensae vvr,Fun�N' S"we My DOR IPty DOR Business I Lenaa Lookup THE BERGER PARTNERSHIP,P.S. License Information: New search Previous search Entity name: THE BERGER PARTNERSHIP,P,S. Business name: THE BERGER PARTNERSHIP,P.S. Entity type: Professional Service Corporation UBI: 600-390-443 Business ID:001 Location ID:0002 Location: Open Status: To check the status of this company,go.to Lthe l-Ink(s)below'. Depanmentof Revenue —n.� U416exi Secretary of Slate Location address: 1 721 6TH AVE N SEATTLE,WA,98109 Mailing address: 1721 8TH AVE N SEATTLE,WA,98109 View Additional Locations Endorsements I ndorsement,hold at this location Llcenae# Count 'Details Status Expiation date .First issuance dat Bellingham C moral buwneca 037331 Actim Fe0-27-2009 Edgewood General Business Active Nov-30-2018 Jan-26-2016 Isaaquah General Busioass BUS03-01201 Active Nov-30-2018 Sep-09-2005 Newcastle General Business Aative Ncv-30-2018 Jan-29-2016 North Laid General Bus'Ta.a 160'6,0 Active Nov-30-2018 Mar-03-2016 ',lamrnamish General Business Active Nov-30-2018 Sep-29-2010 Ehorelioe General Business Active Nov-30-2018 Sep-15-2010 Spokane General Business Active Nov-30-2018 Jul-21-2015 a Rows Governing People wWy a,uwa. .nx�an..w...a�rro"e..,rwu sos "novsrtling penile . .. BROWER,GREG HENRY,JASON MICHAELSEN,GUY MITTON,ANDY MORLEY,JONATHAN 5 Rows https://secure.dor.wa.gov/gteunauth/—/ 12/12/2017 eServices Page 2 of 2 Registered Trade Names Reg7GCBl'Bd trade names, dtatus FI'st is3ued THE BERGER PARTNERSHIP Active Oct-0B-1990 Information current as of 12/12/2017 11:17:46 AM Contact CIS Your Privacy 2017 Washington State Department of Revenue and its licensors,All rights reserved. https://secure.dor.wa.gov/gteunauth/J 12/12/2017 I wM� K��`�"' Agenda Item: Consent Calendar - 7M TO: City Council DATE: November 21, 2017 SUBJECT: Consultant Services Agreement with Berger Partnership for West Fenwick Park Renovation Design - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Berger Partnership, in an amount not to exceed $215,298.00, for design and construction oversight of the West Fenwick Park Renovation Phase II, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The Berger Partnership was selected through an Request For Qualifications process to complete the design for and provide construction oversight of the West Fenwick Park Renovation phase II. The total budget for the project is expected to be $2,075,000. The project will include constructing a new destination playground, futsal court, picnic shelters, and renovating irrigation, pathway lighting, and other necessary improvements. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Budell, Fincher, Higgins NAY: N/A BUDGET IMPACTS: Revenue and expense impact to the West Fenwick Park Renovation Phase II budget. ml it III IIII � ^.� „ i Illi 'iii III III IIII III�Ili w .. u: A IIIIIII� I � IIAIIUV�IIVIIUVI.. ..� ill •II om I w�•. .... • � • �^ z. 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