Loading...
HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 05/16/2013 (3) KENT Parks and Human Services Committee Agenda Councilmembers: Deborah Ranniger, Chair • Elizabeth Albertson • Dana Ralph May 16, 2013 5:00 p.m. Item Description Action Speaker Min. Page 1. Minutes dated April 18, 2013 - Yes Council 05 01 Approve 2. Kent Lions Acknowledgement - No Lori Hogan 05 07 INFO ONLY 3. 4Culture Sustained Support Grant Yes Lori Hogan 05 09 Agreement - Authorize 4. Northwest Playground Equipment Yes Hope Gibson 05 29 Agreement for Turnkey Park - Authorize 5. Berger Partnership Consultant Yes Hope Gibson 05 47 Agreement for Kent Valley Loop Trail - Authorize 6. Director's Report - INFO ONLY No Jeff Watling 05 65 Unless otherwise noted, the Parks Committee meets the 3rd Thursday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032- 5895. For information, please contact the Parks, Recreation and Human Services Department at (253) 856-5100. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. i Page 1 i Parks and Human Services Committee Meeting April 18, 2013 N'nSaINGTGN Council Committee Members: Chair Debbie Ranniger, Elizabeth Albertson, Dana Ralph Chair Debbie Ranniger called the meeting to order at 5:03 p.m. Item 1: Minutes of March 28, 2013 - Approve Committeemember Ralph moved to approve the minutes dated March 28, 2013. Committeemember Albertson seconded. The motion passed 3-0. Item 2: Naming of Fire/Police Department Exercise Room - INFO ONLY Fire Chief Jim Schneider spoke of City of Kent Firefighter Marty Hauer who was an International Association of Firefighters Peer Fitness Trainer. He devoted his entire career to the promotion of health and wellness, as well as advocating for early detection of cancer. Firefighter Hauer contracted a rare form of cancer that was not detected in prescreening and he passed away at the age of 41. Marty spent his last five years on the development of a Regional Wellness Center designed to serve many fire and police departments in the Seattle, Kent, and Tacoma area. Because of Marty's dedication, the Kent Fire Department RFA would like to name the Joint Fire/Police exercise room, at Fire Station 74, located at 24611 116th Avenue SE, in memory of Firefighter Marty Hauer. The Kent Fire Department RFA leases Fire Station 74 from the City of Kent so Chief Schneider conferred with CAO John Hodgson and Police Chief Thomas and received approval. Chief Schneider noted that since the naming policy refers to facilities and parks, naming a room does not require a formal process. If moving forward, the dedication would occur on Wednesday, June 19, 2013 at the scheduled Kent Fire Department RFA Governance Board meeting. Director Watling reiterated that this exercise room is used by public safety staff only and not a public space, so there is no need to take formal action as traditionally required through Parks and Recreation Policy 1.14 - Naming Parks and Facilities. The Committeemembers unanimously agreed that it is a wonderful idea and fully support it. They felt no reason to take formal action. Facilities staff will be directed to proceed with Chief Schneider on naming the room. 3. King Conservation District Grant Agreement for Green Kent Partnership - Accept/Authorize Park Planning and Development Manager Hope Gibson reported that this is year four that staff applied for and received a grant from the King Conservation District to continue implementation of the Green Kent Partnership. Specifically, this grant funding breakdown is: $29,747.76 for a Green Kent temporary employee (includes Page 1 Page 2 allowable mileage stipend) and $2,365.78 for an intern, both to supplement available Parks personnel and provide field support to stewards, $15,794 to Forterra for regional coordination and trainings, $9,000 for contracted crew work, $1,370 for tools and plants, and $4,125 to offset the Special Programs Manager's time overseeing the project. Director Watling commented on the positive three way partnership with Forterra, King Conservation District, and the City of Kent. Director Watling commended the Park Planning staff on taking the lead on this funding and the successful management of the Green Kent Program. Committeemember Albertson moved to recommend accepting the $62,402.54 King Conservation District grant, authorizing the Mayor to sign the agreement and approving the expenditure of funds in the Green Kent Partnership budget. Committeemember Ralph seconded. The motion passed 3-0. Item 4: 2013 First Quarter Fee-in-Lieu Funds — Accept Manager Gibson reported that between January 1, 2013 and March 31, 2013, the City of Kent received a total of $70,125.00 from the following developer who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in local subdivisions: Springwood Park budget: $54,825.00 from Henley USA LLC • Springwood Park budget: $15,300.00 from Henley USA LLC Committeemember Ralph moved to recommend accepting the $70,125.00 fee-in-lieu funds and amending the Community Parks Reinvestment budget for future expenditure of funds in the Springwood Park budget. Committeemember Albertson seconded. The motion passed 3-0. Item 5: Recreation Conservation Office Grant Agreement Amendment - Accept/Authorize Manager Gibson stated that Victoria Andrews is extraordinary in obtaining grants for some of the programmatic work we do and Brian Levenhagen is exceptional in obtaining grants for some of the park development projects. The city has an agreement with the Recreation and Conservation Office (RCO) Washington Wildlife and Recreation Program and this amendment awards the city $144,880.00 in additional funds to reimburse the purchase of the Schulte property. This .71 acre site will be included in the Clark Lake Assemblage. Director Watling added that these funds are part of completing the land acquisition of the Schulte property with full grant funding. Director Watling also complimented Brian Levenhagen in doing a fantastic job as we've been very strategic in our acquisitions and our grant funding options. Page 2 Page 3 Committeemember Albertson moved to recommend authorizing the Mayor to sign the Recreation and Conservation Office grant amendment to receive $144,880.00 in funds to reimburse land acquisition at Clark Lake. Committeemember Ralph seconded. The motion passed 3-0. 2013 First Ouarter Report and Contributions Report - INFO ONLY Director Watling highlighted division programs and services, as well as in-kind, and/or cash contributions received during the first quarter of 2013. Riverbend. In looking closely at the first quarter of 2013, the revenues are up in all four revenue centers at the Riverbend Golf Complex. That is 30% up in revenue from 2011 and 2012 comparably, and it is approximately a $90,000 improvement in the first quarter alone. Park Operations. During the spring season, we have a lot of preparation happening within our park acreage. The crews are conducting safety compaction in our play areas during the first quarter of the year and bringing in two cubic yards of bark for our play areas. Athletic Complexes. Staff is prepping for a busy tournament season as we are careful to amend the soil to have the right mix. Approximately 26 tons of infield mix has been spread onto our fields to minimize injuries and maximize use. Kent Commons. We had over 65,000 customers at Kent Commons during the first quarter of 2013. A couple years ago, due to budget decisions, we consolidated Adaptive Recreation and Youth/Teen staff and services over to Kent Commons. We have begun to see high synergy within the programs at Kent Commons. One very popular family program is the Indoor Park with an average of 70 customers per day. Rentals. We've added four additional shelter spaces to rent this year. We anticipate over 70,000 people will be served through our reservation program. Phoenix Academy. The center continues to be very innovative. Director Watling commended super volunteer Tremain McPherson. Tremain provides supervision in the game room at Phoenix Academy. Besides offering regular activities such as pool, ping pong, foosball and video game tournaments, we have begun to train teens for job skills and resume building. The two teens that committed to the program and worked with Tremain have jobs now. Contributions Report. This report demonstrates the work of our staff throughout the department. This is reflective of donations of $5,000 and less, none that require formal action. We received over $21,000 from residents and businesses from cash and in-kind gifts. We are very thankful and honored to partner with them. Quarterly Reporting. Director Watling asked Committeemembers if the Quarterly Report is of value and if they'd like it packaged differently. Comm itteemem bers Ralph and Albertson were in agreement that the report holds a wealth of knowledge and they appreciate seeing the depth of our services and they impact the community. Page 3 Page 4 To share this information with the remaining Councilmembers and the public, Chair Ranniger suggested presenting a quarterly report at the City Council meetings. Committeemembers recommended a distilled report, modeled after the Public Safety Report, showing graphs, statistics, and trends with a focus on key seasonal programs. Debbie will talk to President Higgins for approval. Director's Report Volunteer events. Earth Day Saturday, April 20 at Clark Lake Park is already full. Arbor Day is on April 27 at West Fenwick Park and National Trails Day is May 18 at Lake Fenwick Park. Registrations are going great. Committeemembers were invited to stop by. Tournament Season. We received some proof of the economic benefit resulting from our tournaments. Service Clubs up on East Hill has become a haven for our girls fast pitch tournaments. We recently received call from Safeway up at Kent Kangley, asking for a tournament schedule because their deli was sold out by two teams from Canada playing in a tournament at Service Club Ballfields. King County Parks Levy. Director Watling addressed the Council's request for an update on the proposed King County Parks Levy going on the ballot in August. Director Watling served on the task force that helped shape what that levy looked like. This is a renewal - in 2004, the levy was on the ballot for 5 cents per $100,000 and was a stop gap to keep parks open. In 2008, it was renewed as two levies that totaled 10 cents per $100,000. The 2013 proposed levy is 18.9 cents per $100,000. It is important to note that the levy has become King County Park's primary funding source. It is not a levy for local and regional parks. A majority of the funds would support operation of King County's larger regional facilities such as: Burke Gilman Trail, East Lake Sammamish Trail, portions of the Green River Trail, the Cedar Trail, Marymoor Park, and the Woodland Park Zoo. This levy supports King County operating expenses for the regional system, capital reinvestment, deferred maintenance, as well as their strategic plan for acquisitions. From the 18.9 cents, 1.3 cents is proposed to be divided up by 39 cities, based on population and acreage. Previously, County levy funding was for acquisition or trail funding. In this proposed levy, the 1.3 cents for local cities would support any capital needs within its local system. For Kent, it would represent about $200,000 per year. It's now with the King County Council to make the decision. If the levy is placed on the August ballot, it would then transition into campaign mode. Director Watling feels it is a very important measure for the regional system, but it is tough knowing the plight of local systems - including our own aging infrastructure. He is concerned about sustainability and that this growing levy is only supporting the regional system, not the local systems. He feels we need to find ways to get funding back into our local systems. Committeemember Albertson believes local cities should get a bigger portion of the levy. She struggles with residents thinking the levy sends sufficient funds to local cities. This may cause tension from residents wondering why local cities don't have enough reinvestment funding for parks if they just passed a parks levy. Page 4 Page 5 Committeemember Ralph feels it's a struggle for system capacity. At some point system-wide, we are going hit that capacity and the dollars aren't necessarily going to be available. In integrating the parks we've acquired from the regional system into the city, the money hasn't followed. It's not enough funding to bring those parks up to city standard. Director Watling said that if we really want to think about sustainability, we need to look at the relationship between the regional and the local system. The city has been part of solving the County budget problem since 2003, when they transferred their high use parks and facilities to local cities. Cities continue to fund the operation of those parks as well. They are united systems that lean on each other. As residents think of park systems, it consists of both local and regional park amenities. It is going to be very important to make sure both regional and local parks are supported, funded and vibrant. Committeemember Albertson is concerned with the consequences if the levy doesn't pass. As King County's primary funding source, what happens in shoring up the regional assets she's paid for and enjoyed for so long? It is similar to school districts using levy funding for day-to-day operations and not system improvements and larger projects. Committeemember Albertson asked for clarification on cities having the opportunity to submit a list of parks for funding, if the levy passed. Director Watling responded no, there is no application process to King County. There is just the potential of Kent getting approximately $200,000 based on the 1.3 cents. Continuing, Director Watling said, when we looked at the work with our citizens group and some of the reinvestment needs we have, Wilson Playfields Renovation is at $1.8M and the Lake Meridian new dock is at $1.5M. The two hundred thousand dollars will help, but it's a different list in terms of how we reinvest those funds in order to keep our parks functioning. Chair Ranniger adjourned the meeting at 5:43 p.m. Respectfully subrr� ted, :1 e Teri Petrole Council Committee Secretary i i Page 5 Page 6 Page 7 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 \47�® Fax: 253-856-6050 ,K E N T byASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 16, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Lori Hogan, Recreation and Cultural Services Superintendent THROUGH: Jeff Watling, Director Parks, Recreation and Community Services SUBJECT: Kent Lions Acknowledgement - INFO ONLY MOTION: INFO ONLY SUMMARY: The Kent Lions & Foundation is an all volunteer "Community Service Organization". They are a group of individuals dedicated to help those in need, j providing enhancement to our community through hands-on projects and grants, and to creating an environment that allows their members to enrich their own lives by selflessly serving others. Their motto is "WE SERVE". Kent Lions has served the greater Kent Community since 1938! Kent Cornucopia Days Festival, Farmers Market, Miss Kent Scholarship Pageant, and Dragon Boat Races are just a few of the many special events hosted and organized by the Lions. They are long time supporters of Kent Parks Programs and Services, sponsoring 8- 10 youth sports teams annually as well as sponsoring/hosting Kent Senior Center programs and other special events. Celebrating their 75th Anniversary this year, the club wanted to do something special for Kent Parks Youth Sports teams. They provided hot dogs, chips and drinks to all participants and their family members at this year's boy's 3rd _ 6th grade baseball jamboree on Saturday, May 4. Over 1,500 people were served! The Lion's Club will do it again on Saturday May 18th at the Girls Fast Pitch jamboree!! Lori Hogan will introduce representatives from Kent Lions attending the meeting. EXHIBITS: None BUDGET IMPACTS: None Page 8 Page 9 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director ® Phone: 253-856-5100 'I` Fax: 253-856-6050 WASHINGTGN Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 16, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Ronda Billerbeck, Cultural Programs Manager Lori Hogan, Recreation and Cultural Services Superintendent THROUGH: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: 2013 4Culture Sustained Support Grant - Authorize MOTION: Move to recommend accepting the Sustained Support grant from 4Culture to support 2013 Kent Arts Commission programs in the amount of $17,000, authorize the Mayor to sign all necessary documents and approve the expenditure of funds in the Kent Arts Commission budget. SUMMARY: 4Culture has awarded the Kent Arts Commission $17,000 in Sustained Support funding through a competitive grant process. The funding will support 2013 programs, including Spotlight Series performances, Kent Kids' Arts Day and Kent Summer Concert Series. EXHIBITS: Grant Agreement BUDGET IMPACT: Revenue of $17,000 to the Kent Arts Commission budget Page 10 Page 11 Agreement No. 113268A Contractor's Federal Taxpayer ID No. (last 4 digits) Contractor City of Kent Arts Commission Project Title: 2013 Programs Contract Amount: $17,000,00 Fund Source: CP —Arts Sustained Support Contract Period From: 01/01/2013 To: 12/31/2013 AGENCY SERVICES CONTRACT 2013 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4Culture"), whose address is 101 Prefontaine Place South, Seattle, WA 98104-2672 and telephone number is (206) 296-7580 and City of Kent Arts Commission (the "Contractor"), whose address is 220 4th Ave S Kent WA 98032 and telephone number is (253) 856-5055. Contractor is an art, cultural or historical organization or specialist qualified to receive funds pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project by Motion No. 2013-13. 4Culture desires to provide funds with which the Contractor shall render certain services to King County citizens. Such services are for the benefit of art museums, cultural museums, heritage museums, the arts, and/or the performing arts and are consistant with those defined in RCW 67.28.180 ("Public Benefit Services"). 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et seq. RCW 35.21.750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: AG SVC 2013 Page 1 of 7 j Page 12 I. SCOPE OF SERVICES A. The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: ® Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A ® Project Proposal and Budget Attached hereto as Exhibit B ® Insurance Requirements Attached hereto as Exhibit C ❑ Personnel Inventory (K.C.0 12.16.060A)( In combination with Attached hereto as Exhibit D other agreements, in excess of$25,000 in a calendar year ❑ Affidavit and Certificate of Compliance (K.C.0 12.16.060B) Attached hereto as Exhibit E (for Agreements in excess of$25,000) ❑ Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit F 12.16.060D) (ORGANIZATIONS ONLY B. Purchase of Services. Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and Budget and/or the Specific Scope of Services attached. Any amendment or modification to the Project Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing by 4Culture. The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services shall hereinafter be referred to as the "Project". C. In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that may be specified in the Specific Scope of Services attached. D. Contractor agrees to acknowledge 4Culture support with inclusion of the approved 4Culture logo in all marketing and promotional materials during the period this contract is in force: ® Approved logos are available for download in a variety of formats at C U LT U RE http://www.4culture.org KING COUNTY LOOOIN6= E. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs. II. DURATION OF CONTRACT This Agreement shall commence on January 1 2013 and shall terminate on December 31, 2013. This Agreement, however,may be terminated earlier as provided in Section IV hereof. III. COMPENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements specified in this contract in an aggregate amount not to exceed $17 000.00. AG SVC 2013 Page 2 of 7 Page 13 B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract. C. Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific Scope of Services and Reimbursement Schedule. 4Culture will initiate authorization for payment after approval of corrected invoices and reports. 4Culture shall make payment to the Agency not more than 60 days after the appropriate invoice is received. D. Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice E. Accompanying the final invoice for the project, the Contractor shall also submit: 1. A project evaluation report upon the form provided by 4Culture. 2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied by a high-quality print-out) of publishable quality for use by 4Culture to publicize its funding programs. Photos shall have credits, caption information, and permission to publish. F. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of 4Culture's right to terminate this contract as provided in Section IV, any other rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in equity. IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B. These records shall be maintained for a period of six (6) years after termination of this Agreement unless a longer retention period is required by law. AG SVC 2013 Page 3 of 7 Page 14 VI. AUDITS AND EVALUATIONS A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontractor to 4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits to be conducted by 4Culture. C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 (Public Records Act). Vtl. PROPRIETARY RIGHTS If any patentable or copyrightable material or article should result from the Project, all rights accruing from such material or article shall be the sole property of Contractor. Contractor agrees to and does hereby grant to 4Culture, an irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of Contractor which are modified for use in the performance of this Agreement. VIII. FUTURE SUPPORT. 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement. IX. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement. Neither the Contractor nor its officers, agents or employees are employees of 4Culture for any purpose. The Contractor shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment. The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services. The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. To the extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes; (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor. AG SVC 2013 Page 4 of 7 Page 15 B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents from any and all costs, claims,judgments, and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole negligence. If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4.24.225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents' negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. In the event 4Culture incurs any judgment, award and/or cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright. X. INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to. XI. CONFLICT OF INTEREST Chapter42.23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract. In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. AG SVC 2013 Page 5 of 7 Page 16 XII. NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to: Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington state law against discrimination); K.C.C. chapter 12.16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination. in contracting; K.C.C. chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22 prohibiting discrimination in places of public accommodation. The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement. The Contractor shall make such documents available to 4Culture for inspection and copying upon request. X111. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of 4Culture at the addresses first written above. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XIV. GENERAL PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable. The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. XV ATTORNEYS' FEES; EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement. 4Culture may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement. Costs and expenses include 4Culture's attorneys'fees and legal expenses whether or not there is a lawsuit, including attorneys'fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services. Contractor also shall pay all court costs and such additional fees as may be directed by the court. AG SVC 2013 Page 6 of 7 Page 17 XVI. SURVIVAL The terms and conditions of Sections III, V, VI, VII, Vill, IX, XI, XII, XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: CONTRACTOR: 4Culture-CDA Executive Director Signature Date Name (Please type or print) Title (Please type or print) Date AG SVC 2013 Page 7 of 7 Page 18 Exhibit A SCOPE OF SERVICE City of Kent Arts Commission and 4Culture, the Cultural Development Authority of King County, mutually agree that the following services be provided in accordance with the application and contract work sheet submitted to and approved by the 4Culture Board of Directors. Support for 2013 Programs, including the Spotlight Series (7 professional performing arts eetns between Jan and March, 3 between October and December); Kent Kids'Arts Day (March 2); and Kent's Summer Concert series (18 performances July-Aug). Events are open and publicized to the community. AMOUNT $17,000.00 For artist fees and program expenses. Payable upon completion, submittal of invoice and documentation regarding: • Final budget, actual • Completion of evaluation form • Final report of program activities • Programs, brochures, flyers if available PUBLIC BENEFIT Programs are accessible to a broad range of King County residents. All events are open and publicized to the community. Approximately 1,200 free tickets to Kent Kids'Arts Day distributed to economically disadvantaged families. Summer arts activities are provided free of charge, including 18 summer concerts. Complimentary and discounted tickets for many performances are distributed by local social service agencies; these tickets reach seniors, teens, disabled citizens and ethnically diverse groups. Public and school lectures, workshops and other outreach activities are offered for free or very low cost in conjunction with performances. Scholarships for classes and residency activities are available. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of 4Culture/ King County Lodging Tax Fund is required of all recipients for use in all publicity and promotional materials, including, but not limited to brochures,websites, press releases, programs, posters, public service announcements, flyers and advertisements. Please contact your 4Culture contract administrator or go to www.4culture.org to download the appropriate logo credit. Final payment will not be made until acknowledgment is submitted on printed material Page 19 EXHIBIT B City of Kent Arts Commission l Address Website 220 4th Ave S wwva koll d:$ Kent [mail Washington 98032 rb'llerbedk pkent!va.aov Shipping Address King County Council District # 220 4th Ave S 5 Kent Washington WA State Legislative District # 98032 33 Phone Date Incorporated (253) 856-5050 10/20/1975 Fax Federal Tax ID (253) 856-6050 91-6001254 WA State UBI# C-173-000-002 Revenue last fiscal year $786,435 Revenue 2nd to last fiscal year $790,892 Organization Director Cultural Programs Manager, Ms. Ronda Billerbeck Director Email rbillerbeck@kentwa.gov Director Phone (253) 856-5055 Organization Description Kent Arts Commission is a municipal local arts agency, dedicated to providing high quality arts and cultural programs for the citizens of Kent. Mission To provide leadership in establishing cultural opportunities and arts education, to improve the quality of life and enhance the aesthetic environment and to promote Kent as a center for great arts. Contact Person Contact Phone Contact Email fle:///RI/...ns/City%20ofD/o20Kent%20Arts%20Commission/City%20ofD/D20KentD/o20Arts%20Commission_0001_feidData.html[3/27/2013 2:30:23 PM] Page 20 Community a) Describe your community. b) How is it changing? We suggest you use about 250 words. a) Kent is a suburb of 118,000 between Seattle and Tacoma; it is the sixth largest city in the state. Kent is geographically large as well, with an area of 33 square miles. Ethnic minorities make up 44% of our population, a figure that has increased 60% since the 2000 census. In 2006, 27% of Kent residents were foreign-born and among people at least five years old, 32% spoke a language other than English. There are over 100 languages spoken by students in the Kent School District, including Spanish, Ukranian, Punjabi, Somali, Vietnamese, Russian, Tagalog, Cambodian, Korean, and Chinese. Kent is the fourth largest manufacturing and distribution center in the United States; it is home to 4,500 businesses and approximately 78,000 jobs. Kent's $8 billion gross business income is the highest among its peer cities in South King County. However, our median household income is 21% lower than the rest of King County, and 15% of Kent residents are in poverty (compared to 10% in King County overall). The inconvenience and expense of traveling to Seattle limit access to the arts in Kent. b) The Kent community is continuously changing - becoming ever more diverse and urban. Ethnic diversity has steadily increased over the past decade and we expect that trend to continue as Kent becomes home to more foreign immigrants. As our downtown area becomes more urban, we are striving to make it more of a dynamic and vibrant core for our geographically sprawling community. Additionally, one of the City Council's strategic goals is to develop a strong network of neighborhoods and neighborhood urban centers. Kent's sprawling geography creates challenges in developing a strong community core. Our award-winning parks system and school district continue to assist in achieving this goal. Programming a) Haw does your programming respond to your community needs? b)What program are you most proud of and why? We suggest you use about 250 words. a) We are committed to providing access for all citizens to quality arts experiences. 2011 attendance at our programs totaled more than 40,000. Participant characteristics vary and reflect the community's diverse ages, ethnicities and economic statuses. Over 40% of Kent residents are considered low Income and we employ a variety of efforts to increase participation from these residents, including free concerts, outreach activities, and admission vouchers. We have made progress in developing multicultural audiences by presenting ethnic art forms and engaging in grass roots promotions within different ethnic groups. Developing relationships with leaders and members of each group is the most effective tool in engaging and serving these communities. It is time-consuming work and we are slowly beginning to see results. In addition to incorporating diverse art forms in our own programming, we recently launched "Give Me Culture," a new grant program to broaden participation in, and showcasing of, arts and cultural activities by ethnically diverse and underserved communities. b) As a municipal arts commission, our mandate is to serve the large and diverse population of Kent. Our programming must serve varied interests, build community, and educate citizens. Because of this broad mission, we are most proud of the diversity of our programming, rather than any one program in particular. Our performing arts program features more than 30 performances annually, including free summer concerts in the parks and "Spotlight Series" shows ranging from bluegrass and classical music to modern dance and Indian slide guitar. Our educational outreach program brings acclaimed artists such as the Brubeck Brothers Quartet into high schools to work with jazz students, as well as,Hawaiian, Creole, and Indian artists into community settings to share their knowledge and skills. Our public art program runs the gamut from the internationally acclaimed Bayer Earthworks, to murals created by "at risk" students. Kent Kids' Arts Day is an annual event that features a dozen hands-on projects, giving kids and families the opportunity to learn about and create through various mediums. 4th of July Splash file:///RI/...ns/City%20of%20Kent%20Arts%20Commission/City%20of%20Kent%20Arts%20CDmmission_0001 feldData.html[3/27/2013 2:30:23 PM] '.. Page 21 brings our community together in a large festival format, and our two funding programs support and nurture local artists and organizations. Management a) How is your agency structured? b) How do you collaborate with other municipal departments and community agencies? c) How does your agency faster the development of art,local artists,and local arts organizations? We suggest you use about 250 words. a) The Kent Arts Commission was established by City Ordinance in 1975. It is an advisory board of 12 to 15 volunteer citizens, appointed by the Mayor to promote cultural programs and provide citizen input to the planning of arts and cultural activities in Kent. City staff within the Cultural Programs Division of Kent's Parks, Recreation and Community Services Department provides support to this group. The Commission is directed by the Cultural Programs Manager, and professionally staffed by an Arts Coordinator and an Administrative Assistant. b) We work extensively with Public Works, Parks Planning and Development, and Parks Maintenance to incorporate new public art into capital projects and park improvements, as well as to conserve and maintain existing works. We regularly collaborate with our Senior Center, Youth/Teen Program, and Inclusive Recreation group to bring arts experiences to specific populations. We work with Housing and Human Services to tackle issues such as food security, and recently won the South King Council of Human Services Human Services and Equity Award for an Organization for our Reel Grrls' Youth Food Security Art Project that engaged youth filmmakers on the issue of hunger. Collaboration with Police, Fire, and Public Works Departments is important to security, traffic, and logistics involved in large events. We also work with service clubs (Lions, Rotary), social service agencies (Kent Youth and Family Services), and libraries in the planning, promotion, and delivery of programs. We have a long-standing mutual use agreement with the Kent School District that allows us to utilize school theaters for performances. We work with the ShoWare Center to co-present larger scale concerts, and are also continuing our new cultural tourism partnership with Cascade Bicycle Club, Renton, SeaTac, and 4Culture Public Art that promotes the Earthworks in the Green River Valley. c) We foster the development of local art, artists, and organizations through two grant programs. Community Arts Support Program (CASP) provides financial support for projects by arts and cultural organizations, community groups and individual artists. The program encourages, develops and supports community arts programming that serves the general public, and provides opportunities for innovation and development of unique services outside the scope of our existing programming. In 2012, we launched the Give Me Culture program, which offers small, flexible grants for arts, culture, and heritage projects by ethnically diverse and underserved communities. There is a rolling deadline and each applicant is provided with technical assistance in conceiving their project, preparing their application, and implementing their plan. Future a) What plans does your agency have for advancing its mission? b)What are the challenges? c)if sustained Support funding were reduced or eliminated, how would your activities be Impacted? We suggest you use about 2so words. a) The Kent Arts Commission determines key initiatives and challenges as part of the City's annual budget process. City Council sets strategic goals and-the Arts Commission annually reviews,programs and sets goals with these broad, strategic goals in mind. Our City Art Ordinance requires us to establish One-Year and Five-Year City Art Plans that guide the allocation of our $2 per capita public art funding. These plans are reviewed and approved by City Council. Immediate plans include: -Implement the 2012-2016 City Art Plan, including a new community project: Kent Arts DIY. Kent Arts DIY (Do-It-Yourself) will foster inclusiveness by highlighting the talent and creativity of the Kent flA•urpu ndritvoA?nnf%20Kent%20Arts%20Commission/City%20of%20Kent%20Arts%20Commission_0001_FleldData.html[3/27/2013 2:30:23 PM] Page 22 community. Participants will showcase their projects (traditional, community, and/or fell( arts) online. The plan also includes a continued focus on providing interpretive tours about Kent's cultural and historic resources, and on promoting and maintaining our existing collection through continued partnerships with the community. -Maintain 2010 budget adjustments to Spotlight Series of performing arts events. Strive for high quality, balance of genres, ethnic diversity and offerings for youth, while focusing on a smaller, self-sustaining series. -Ensure ethnic diversity is reflected in programming choices. Continue to generate and implement strategies to expand audience participation among diverse citizens. b) Maintaining high quality programs with decreased staff and resources is our biggest challenge. In 2010, we eliminated one FTE in the Cultural Programs division (reducing full time staff 20%), cut a number of related programs and implemented 10-15% reductions in many remaining programs. The City anticipates continued budget strains and potential cuts as we move into 2013. Continuing to meet the cultural programming needs of an increasingly diverse community with limited staff is an on-going challenge. Achieving the mandate for Spotlight Series of performing arts events to be self-sustaining will be a significant challenge. Obtaining sponsorship support remains difficult in the current economic environment, and event production costs continue to rise. c) The City of Kent has a long history of supporting arts and culture. Our arts commission is one of the oldest in the state and our City leadership has remained committed to funding arts and culture as important elements of a vibrant community. We feel confident that the arts will continue to be an integral part of city services in Kent. However, loss or reduction of Sustained Support funding would definitely be an impact. Our annual award has been $17,000 - a significant amount that makes a real impact on our ability to leverage local support, continue core programming and take risks with new ideas and projects. Strong Sustained Support funding sends a clear message to elected officials and City leadership about the importance of arts and culture, and provides a safety net that allows us to present a variety of genres and emerging artists that build audiences and serve unique interests. The funding also helps us keep our ticket prices low and to offer free programming. file:///RI/...ns/City%20of°/o20Kent%20Arts%20Commission/City%goof%20Kent°/o20Arts%20Commission_0001_fieldData.html[3/27/2013 23023 PM] Page 23 gerbek s Li g;c) Name anager Rondator Cheryordinator Mark Administrative Assistant Callee I' i I I I i I I f i i Page 24 mmission Percentage of time allocated to arts programs 95% 95% 30% 80% Page 25 } _ T d co m"n oo �3 E 12 ' ayi O "Ea U) O m � o dcNCd dO pd'•- N�m❑ � o � ° a =O- ,vNpNp m�m o2 - o E 9O 0 c c w N rG L o Cd ❑ °m E O e mao0 a od o F -� 9 �'L•1p-rq+'. ppCD OMo o�j•M -0Oo ON 00- pUMa0- OOV �N Oo O ONONONON ONONONONON O Eo U �U C ,_ E E o t O E N 4 m O N U M c O E n N U O mN ur Em ,.: o m.Y d 'O co` oMo ,, ; � � Oo•m �,i,`}-, ?' mo � rn on iJ'ur C? No . M= �. �'m m m t m M N E r o m M p m= m r N M E - -� m o m r E M M M 0 r r m s m r o O N U N C LD 'p c m V m I� o W p] N O C m m X M C N N (7 d m0 N m "--IK O 1 O O O G CmO O m C �. Up Nm cm O iD d OiOy N NQ � o rn � NN U N 8:;,'..m <o NmE ? � NRcaiismo _�nv9c7 � 5 ... MN - NCOC -O 'CBMC d �iO� N� 00E EdC BOO N '$ Na E� soNEc m 2U fn N '6 == O:p N UI- N J NI- NF- S y U J E N� N(n d - r ¢ rn rNr ,io Eoo coon m� co co oo Oo �o �o mm d m d m d m d m ow Om d m U1 0] Y m m N � m N N (n (W17 d N Z N N m O N d N LL m a 16 a m N N a 9 �v N d m m N W N NOi r m m Y p� ti N O N N N N +npH N O N N O o r M CND N m ti Z u U Oar t o o C m u d adi d E, U z z p1 LL �f sJ y. l4 t0 C >• N C y N N O {� U L N C N N O p N d O C N O 85 OZ' d o y N C O N C O CCp U N X C m N O m L N R E N 0 d 7 T 0 0 N Page 26 City of Kent Arts Commission Annual Arts Programming 2011 Title of'Event Pio ram'3ervltea's* �� 'tFD s�` Events �'";�� Locationk� �"� ' �/a$t hdance�;: Spotlight Series-Suzanne Vega+workshop 29-Jan 2Keht-Meridian PAC 298 Spotlight Series-Late Nite Catechism 3 11-Feb 1 Kentwood PAC 485 Spotlight Series-Handsome Little Devils 12-Mar 1Kent-Meridian PAC 149 Spotlight Series-Alpin Hong+workshops 18-Mar 5 Kent-Meridian PAC 1,140 Spotlight Series-Melinda Doolittle 25-Mar ,1 Kentwood PAC 156 Spotlight Series-AmyHanaiali'i 24-Sep 1 Kent-Meridian PAC 155 Spotlight Series-Riders in the Sky 14-Oct 1 Kentwood PAC 221 Spotlight Series-The Ruth Moody Band 29-Oct 1 Kentwood PAC 85 Spotlight Series-Magical Strings 5-Dec 1 Kent-Meridian PAC 281 Spotlight Series-Charlie Brown Christmas 10-Dec 1 Kentwood PAC 358 Kent Kids'Arts Day 5-Mar 1 Kent Commons 1,800 Student Artwalk Mar7-18 1 Downtown Kent 1,500 Summer Concert Series July-Aug 17 3 outdoor parks 6,675 4th of Julysplash 4-Jul 1 Lake Meridian Park 18,000 Outdoor Cinema Aug 12-26 3 Town Square Plaza 700 Centennial Center Gallery Exhibits 2011 6 Centennial Gallery 5,000 Grants to artists and organizations 2011 33 Various 3,917 Public art:on-going dev.,maintenance 2011 - n/a Various n/a TOTAL'`.+i �, Id�M" y-,ztd t F3i'aa +. P` 6 >.ah,,7€7x3'<•'*"^s k�`- rt4��.92Q: ram?' F..e`.=!e4v -+ It > ,3=.. . b. ,N,3t_.._,._.L-k re-,. rug.Y Page 27 1 CULTURE 2013 Arts Sustained Support Operating Budget Form swT= ORG NAME: City of Kent Arts Commission YOUR FY ENDS: December 31, REPORT OPERATING EXPENSES ONLY-DO NOT INCLUDE CAPITAL EXPENDITURES ACTUAL ACTUAL CURRENTYEAR FY 2009-10 or 2010 FY 2010-11 or 2011 FY 2011-12 or 2012 1 Operating Expenses: r, 2 Personnel: '.<.�,. ,.. 7n. x x,x Y,e „ h ..u> ,.e 3 1 Artistic permanent 0 �# 0 0 '.. 4 temporary 213,694 213,683 202,251 5 2 Production permanent 0 0 g temporary 31,031 23,772 18,341 7 3 Administrative permanent 383,839 403,426 415,619 8 temporary 4,426 1,285 1,707 9 4 Education permanent 0 0 0 10 temporary 0 D 0 11 ProduclionlExhlbiffon expenses 16,132 11,971 13,221 12 Marketing/Promotion expenses 67,689 49,527 72,285 0 0 13 Fundraising expenses 0 0 2,000 2,356 2,780 14 OccupEducaancyon expensexpenses 18,D00 15 Occupancy expenses(modgagelrenVutilNes) 8,843 11,571 16 Travel and Transportation 1,650 3,926 4,491 17 Administrable expenses 50,202 48,720 96,606 18 Subtotal 779,706 770,239 845,301 19 In-Kind Expenses(must=In-kind Contributions) 11-118 6 16,196 15,7 69 20 TOTAL OPERATING EXPENSES 790,892 786,435 e61,070 21 Earned Income: 22 Single Tickets Box Oface(Admiscon B1,997 55,626 51,062 23 Subscription/Membership D 0 9 24 TultlomWorkshops 26,014 I 33,228 22,119 25 SaleslConcesslonslRentals 14,584 10,653 9,955 0 26 Interest&Earnings(savings,reserves,etc.) 0 0 0 27 Other Earned Income 0 0 0 28 TOTAL EARNED INCOME 122,095 99,507 83',136 29 Earned income percentage 158 136 10% 30 EARNINGS GAP (656,797) (686,928} t777,93d) �'I 31 Contributed Income: 32 NEH,NEA,and IM3 6,500 D D 33 Other Federal Government 0 0 3,500 34 WSAC 0 4,380 35 Other State Government 0 0 0 22,129 17,000 36 4Culfure 26,770 37 Other County Government 0 0 0 38 SOACA(Se stae) 0 0 0 39 Other City Government 586,029 611,307 702,83o 40 AdsFund 0 0 24710 25,350 32,078 , 41 Other Corporations 5,000 9,750 42 Foundations 1,875 43 PONCHO 0 0 0 44 Individuals 11,727 0 0 2,56 2,000 45 Fundraising Events(ONet or MGross Income?) 0 0 46 Misc.contributions 0 0 0 762,165 47 SUBTOTAL CONTRIBUTED INCOME 657,611 670,732 48 In-Kind Contributions 11,166 16,196 15,769 766,435 861,070 49 TOTAL OPERATING INCOME 790,89z i I Page 28 EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractors. For All Coverages: Each insurance policy shall be written on an"Occurrence" form. 1. Minimum Scope of Insurance needed for this contract is as follows: ® Commercial General Insurance Services Office form number(CG 00 01 Ed, 11-88)—Minimum Liability Combined Single Limit of$1,000,000 BI & PD with a General Aggregate per project Automobile Liability Covering all owned and non-owned and hired automobiles—Combined Single Limit of$1,000,000 BI & PD 2. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor. 3. Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1) 40ulture, its officers, employees and agents are to be covered as primary additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. (2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by 4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. (3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. (b) All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this contract. No material change, or cancellation or nonrenewal of any policy required by this contract shall occur without thirty(30) days' prior written notice to 4Culture. 4. Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Bests rating of no less than A:VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size Vill. 5. Verification of Coverage 4Culture, reserves the right to request that contractor submit the certificate(s) of insurance evidencing compliance with all requirements set forth above. Page 29 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director , Phone: 253-856 5100 ® Fax: 253-856-6050 wns HiN"ON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 16, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Manager Parks Planning and Development THROUGH: Jeff Watling, Director Parks, Recreation, and Community Services SUBJECT: Northwest Playground Equipment for Turnkey Park - Authorize MOTION: Move to recommend authorizing the Mayor to sign the agreement with Northwest Playground Equipment, Inc., for $46,063.77 for the playground restoration project at Turnkey Park, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: Through a partnership with KaBoom!, Disney, and the community, the city is renovating Turnkey Park playground this summer. Some of the play features require the installation of poured-in-place rubberized safety surfacing. This contract with Northwest Playground Equipment, Inc., is to furnish and install this safety surfacing. The product to be used is a well-regarded product, and the company is a well-regarded company with extensive experience in the provision of play equipment and park furnishings. The contractor was selected through the King County Director's Association's Cooperative Purchasing program, with the cost set at a pre-qualified unit price. EXHIBITS: Draft Public Works Agreement BUDGET IMPACTS: The funds for this project are from the Parks Lifecycle Program. Page 30 Page 31 ICEl T WASHINGTCN PUBLIC WORKS AGREEMENT between City of Kent and Northwest Playground Equipment, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Playground Equipment, Inc. organized under the laws of the State of Washington, located and doing business at 345 NW Dogwood, Issaquah, Washington 98027-0109, 425-313-9161, Bob McGarvey (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Polysoft surfacing to cover all outlined concrete areas (652 SF), with PIP to cover surrounding areas with 4' safety fall height on noted play areas and mounds (685 SF), roughly 1,400 SF of surface area total. Includes all labor, equipment and materials at Turnkey Park, as described and attached as Exhibit A. Contractor 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 such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by June 30, 2013. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Forty Six Thousand and Sixty Three Dollars and 77/100 ($46,063.77), including any applicable. Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. PUBLIC WORKS AGREEMENT - 1 (Over$10K, under$50K, and Performance Bond) Page 32 A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainaae. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment• Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor 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 Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PUBLIC WORKS AGREEMENT - 2 (Over$1OK, under$50K, and Performance Bond) Page 33 D. The Contractor 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 Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the PUBLIC WORKS AGREEMENT - 3 (Over$1OK, under$50K, and Performance Bond) Page 34 facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. PUBLIC WORKS AGREEMENT - 4 (Over$IOK, under$50K, and Performance Bond) Page 35 B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor 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. Contractor 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. PUBLIC WORKS AGREEMENT - 5 (Over$10K, under$50K, and Performance Bond) Page 36 XII. INDEMNIFICATION. Contractor 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 Contractor'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 Contractor'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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor 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 Contractor's part, then Contractor 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 Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. II XIII. INSURANCE. The Contractor 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. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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. XV. 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 PUBLIC wORKS AGREEMENT - 6 (Over$1OK, under$50K, and Performance Bond) Page 37 relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII 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 Contractor. 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 Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. PUBLIC WORKS AG REEMENT 7 (Over$1OK, under$50K, and Performance Bond) Page 38 I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By:- (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Bob McGarvey Brian Levenhagen, Planner Northwest Playgrounds Equipment, Inc. City of Kent P.O. Box 2410 220 Fourth Avenue South Issaquah, WA 98027-0109 Kent, WA 98032 425-313-9161 (telephone) (253) 856-5116 (telephone) 425-313-9194 (facsimile) (253) 856-6050 (facsimile) i APPROVED AS TO FORM: Kent Law Department PUBLIC WORKS AGREEMENT - 8 (Over$10K, under$50K, and Performance Bond) i Page 39 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 Page 40 '.. 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. i 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 Page 41 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. Dated this day of 20 . By: For: Title: Date: �I EEO COMPLIANCE DOCUMENTS - 3 Northwest Playground Equipment,Inc. PO Box 2410,Issaquah,WA 98027-0109 Phone(425)313-9161 FAX(425)313-9194 Entail:sales&Wplayground.colu QUOTE Quota# 5t2/13-MCG-2 To: Turn Key Park Surfacing Date: 512/2013 - Contact Name: Brian Levenhagen Email: §1fevenhagIn KentWA. ov Item# Qty Descriptlon Price Total Price EQUIPMENT 1 PolySoft surfacing to cover all outlined concrete areas(652 SF), $ 45,725.40 "with PIP to cover surrounding areas with T safety fall height on noted playareas and mounds(685 SF),roughly 1.,400 SF of surface area total.Includes all labor,equipment and materials. _ Equipment Subtotal $ 45,725.40 Ili PolySoft Discount KCDA 8.00% $ (3,658.03) Freight(Included Above): $ Equipment Total(less tax) $ 42,067.37 INSTALLATION I Installation Included in price above. $ Installation Total $ Credit card fee 0 Payment by Credit Card? CC Fee 3.0% $ Location Code: Tex: 9.5% $ 3,996,40 ORDER TOTAL: $ 46,063.77I. All quotes are subject to material and fuel surcharges. Acceptance of Proposals (Please be sure you have read,signed and understand the Terms and Conditions on Page 2 of this Quote) The items,prices and conditions listed herein are satisfactory and are hereby accepted. Sales Associate Customer Signature Date �I Thank you for considering Northwest Playground Equipment, Inc.for your Park,Playground, Shelter and Sports Equipment requirements. PAGE 1 of 2 Revised 8124111 Page 43 Northwest Playground Equipment, Inc. PO Box 2410,Issaquah,WA 98027-0109 _ 1*0 Phone(425)313.9161 FAX(425)3134194 Email:sales njlwphygromd.Qom Project Name; Turn Key Park Surfacing Quote# 5/2113-MCG-2 TERMS AND CONDITIONS QUOTE CONDITIONS AND ACCEPTANCE: This quote is only valid for 30 days. Orders placed or requested for delivery after 30 days are subject to price Increases. _ It is the Buyer's responsibility to verify quantities and description of items quoted. Once your order has been placed,any changes including additions,dele(ions or color changes,will delay your shipment EXCLUSIONS:Unless specified,this quote specifically excludes all of the following: Required Permits;Davis Bacon,Certified Payroll or Prevailing Wage fees PerformancelPaymenl Bonds Site work and landscaping Removal of existing equipment Unloading;Receiving of inventory or equipment;:Storage of equipment Equipment assembly and/or installation '.... Safety surfacing;Borders or drainage requirements FREIGHT AND DELIVERY: '... Shipping Is FOB Origin.A 24-hr Call Ahead Is available at additional cost. Delivery is currently 5*weeks after order submittal.Unless otherwise noted;all equipment is delivered unassembled. Buyer is responsible to meet and provide a minimum of 2 persons to unload truck A Check List detailing all items shipped,will be mailed to you and a copy will be included with the shipment. Buyer is responsible for ensuring the Sales Order and Item Numbers on all boxes and pieces match the Check List. Shortages or damages must be noted on the driver's delivery receipt.Shortages or damages not noted become the Buyer's financial responsibility. Damaged Freight must be refused.Please natty Northwest Playground Equipment immediately of any damages. Shortages and Concealed Damage must be reported to Northwest Playground Equipment within 10 days of delivery. A reconslgnment fee will be charged for any changes made to delivery address after order has been.placed. TAXES: All orders delivering in Washington are subject to applicable sales tax unless a tax exemption or Reseiler Permit is on file at the time the order is placed. PAYMENT TERMS:An approved Credit Applicollon is required for new customers.50%down payment is due attime of order with balance due upon,delivery,unless other credit terms have been approved.Interest may be charged on past due balances at an annual rate of 18%. A 3%charge will be added to all credit card orders. RESTOCKING:Items canceled,returned or refused will be subject to a minimum 25%restocking fee.All return freight L. charges are the responsibility of the Buyer. MAINTENANC EI W ARRANTY: Manufacturer's standard product warranties apply and cover equipment replacement and freight costs only;labor is not included. Northwest Playground Equipment offers no additional warranties. '.. Maintenance of the equipment and safety surfacing is the responsibility of the customer. Any unauthorized alterations or modifications to the equipment(including layout)will void your warranty. INSTALLATION:(if applicable) '... A,private locate service for underground utilities must be completed before your scheduled Installation. Site must be level and free of loose debris(this includes ground cover/chlps), A minimum 6 foot opening with good access must be available to the site for delivery trucks and tractor. An onsite dumpster must be provided for disposal of packaging materials. Arrangements most be made In advance for the disposal of dlrUrocks from within the Installation area. Arrangements must be made in advance for the removal/disposal of existing.equipment. Additional charges may apply if large rocks or concrete are found beneath the surface. Access to power and water must be available. Site supervision is quoted in B-hour days. Acceptance of Terms&Conditions Acceptance of this proposal,made by an authorized agent of your company,indicates agreement to the above terms and conditions, Sales Associate Customer Signature Date Thank you for choosing Northwest Playground Equipment Revised 8124111 PAGE 2 of 2 Page 44 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. 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 Contractor'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. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. Page 45 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 Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor 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 Contractor'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 A:VII. E. Verification of Coverage Contractor 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 Contractor 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 Contractor. Page 46 Page 47 ', PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Z�® Fax: 253-856-6050 KKENT„q,, 1NGT Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 16, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Manager Parks Planning and Development THROUGH: Jeff Watling, Director Parks, Recreation, and Community Services SUBJECT: Berger Partnership Consultant Agreement for Kent Valley Loop Trail - Authorize MOTION: Move to recommend authorizing the Mayor to sign the Consultant Agreement with the Berger Partnership for $98,550.00 to develop a master plan for the Kent Valley Loop Trail, subject to final terms and conditions acceptable to the City Attorney and the Parks Director, SUMMARY: The regionally significant Green River and Interurban trails intersect near the southern tip of the city. The fantastic views of Mount Rainier and the Green River from these flat, paved, mostly off-road trails-- as well as their proximity to several other significant local destinations--contribute to the potential for a loop trail experience unique to the Puget Sound area. The goal of this project is to create a master plan for identifying a route for connecting the two trails at the northern end of the city, increasing the recreational value of the trails and adjacent parks, and better connecting the trails to the surrounding community. In order to achieve these goals, we will need to address some of the trails' current challenges, as well as balance recreational goals with other public priorities, including habitat restoration and flood control. The consultant was selected from a field of eleven landscape architecture firms who responded to the Request for Qualifications. The selection panel included representatives from Parks, Public Works, Economic and Community Development, the Arts Commission and Kent Parks Foundation. EXHIBITS: Draft Consultant Agreement BUDGET IMPACTS: The expenditures for this project are from the King County Paths and Trails budget. Page 48 Page 49 was MiNoun i, CONSULTANT SERVICES AGREEMENT between the City of Kent and i Berger Parntership 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 8`h Avenue North, Seattle, WA 98109, 206.325.6877, bergerparthnership.com (hereinafter the "Consultant"). i I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Master Plan of the Kent Valley Loop Trail, as described and attached in Exhibit A. i 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by February 28, 2014: III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety Eight Thousand, Five Hundred and Fifty Dollars and no/100 ($98,550.00), 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) Page 50 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: 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Page 51 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) Page 52 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 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) Page 53 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) '.... DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Greg Brower, Principal Hope Gibson, Manager Parks Planning & Dev. Berger Partnership City of Kent 1721 Bch Ave. N. 220 Fourth Avenue South Seattle, WA 98109 Kent, WA 98032 206.325.6877 (telephone) (253) 856-5112 (telephone) N/A (facsimile) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) Page 54 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 Page 55 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 Page 56 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. Dated this day of 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Ppge 57 r PARTNERSHIP 5.06.13 r r Hope Gibson Park Planning and Development Manager City of Kent 220 Fourth Avenue South Kent,WA 98032 Proposal for Landscape Architectural Services-Kent Valley Loop Trail Dear Hope: We were very excited to learn we were selected to work with the City of Kent on a master plan for the Kent Valley Loop Trail (KVLT).This project excites us because of the opportunity to expand the experiences of trail users and be part of creating a very unique recreational amenity within the city.We look forward to making the most of the opportunities and challenges ahead. Project Scope and Understanding The KVLT is proposed to be a recreational loop located entirely within the City of Kent approximately 12-13 miles in length.The loop is mostly intact making use of the Interurban and Green River Trails.The missing section is in the northwest area of the city, a warehouse and industrial district.This project will propose a route to close the loop, improve trail safety and function, and enhance the experience for trail users. This proposal is structured around the proposed public involvement events.At this time we anticipate a sequence of three events or phases: 1. Visioning/Conceptual Ideas 2. Preferred Plan 3. Master Plan Presentation Each event will address two primary topics: Closing the loop and enhancing the loop. Closing the loop will focus on determining the best option to connect the Green River and Interurban Trails. Part of this effort includes establishing criteria for the connector to ensure it is safe and consistent with the existing trails, Enhancing the loop will focus on the safety and function of the existing trails, along with creating a memorable experience. LandscapeAYChlteeture Berger Partnership Ps 2063256877 Urban Design 17218th Ave N bergerpartnership.com g Seattle,WA 98109 Page 58 8.06.13 IM'1"'� PARTNERSHIP Hope Gibson �...-,'r r r City of Kent Proposal for Landscape Architectural Services—Kent Valley Loop Trail Page 2 of 6 Scope of Work Visioning/Conceptual Plan In this phase we will work with the city, community and stakeholders to establish a vision and conceptual ideas for the trail. This work includes meetings with the stakeholders and conducting a public involvement event. • Project kick-off meeting.Attend and participate in a meeting with the stakeholders, parks, public works, King County,Tukwila, and others as appropriate.The goal of this meeting is to generate a list of the ideas, issues, and concerns that may affect the loop trail. • Participate in the selection of the project artist. • Work with city staff on a public outreach plan that may include mailers, newsletter additions, emails, postings, and trail signs. • Conduct a site visit to review existing conditions and possible routes to close the loop. Record findings through photographs and plan notation. Conduct inventory and research on the existing trail and existing documentation. Prepare plans of existing conditions, constraints, and other improvement projects along the trail. ® Review existing conditions for environmental concerns, provide options for trail treatments the respond to environmental conditions. • Establish goals and priorities for the master plan. • Identify 2-3 optional routes for closing the loop and locations or zones for enhancement.This work will be based on work prepared by the city and narrowed to one or two options for further study. • Generate a list of trail enhancement opportunities.The intent is to inspire thinking at the public meeting not drive the design. • Five possible enhancement zones have been identified: interurban, downtown, residential, open space/recreation, and industrial/warehouse. For each enhancement zone we will prepare 2-3 enhancement concepts. • Prepare exhibits for use in the public meeting. Exhibits may include plan graphics, sketches, and photographic images. • Conduct a public involvement meeting to obtain input on closing the loop and ideas for enhancement.This meeting may be a trail event, or within a community space with an open house format.Two primary stations will focus on closing the loop and enhancing the loop. Conceptual ideas will be presented to inspire creative thinking and generate discussion. Page 59 5.06.13 PARTNERSHIP Hope Gibson r r City of Kent Proposal for Landscape Architectural Services—Kent Valley Loop Trail Page 3 of 6 • Provide the visioning and conceptual plan presentation to the city in digital format for posting on the city's website for additional comment. O Attend two outreach meetings with the business owners in the area of the loop closure to address specific concerns. • Attend two meetings with city staff and stakeholders. Tentatively one meeting will be prior to the public meeting to review the meeting content and structure and one meeting after to review the input. • Prepare a conceptual statement of probable construction costs for favored options. e Provide coordination with the artist, design team, and city. Deliverables: Inventory and analysis plans, site photographs, research findings Goals and priorities Trail route options/diagrams Enhancement opportunities/conceptual ideas Plans and graphics for the public meeting Statement of probable construction costs Public meeting summary Preferred Plan In this phase we will focus the input and comments into a preferred plan.This plan will show the preferred option for closing the loop along with desired enhancement options. • We will prepare a preferred plan that illustrates the loop trail, enhancement areas or zones. Enhancement areas will be studied with the appropriate level of detail. • Prepare exhibits for use in the public meeting. Exhibits may include plan graphics, sketches, and photographic images. • Prepare a descriptive narrative that describes the character and design intent, identifies issues, and summarizes the priorities. • Conduct a public involvement meeting to obtain comments on the preferred direction and the character of the enhancements. • Provide the preferred plan presentation to the city in digital format for posting on the city's website for additional comment. • Attend two meetings with city staff and stakeholders. Tentatively one meeting will be prior to the public meeting to review the meeting content and structure and one meeting after to review the input. Page 60 5.06.13 - PARTNERSHIP Hope Gibson City of Kent bercrer 11 Proposal for Landscape Architectural Services—Kent Valley Loop Trail Page 4 of 6 • Prepare a preliminary statement of probable construction costs. • Provide coordination with the artist, design team, and city. Deliverables: , Preferred plans and graphics for the public meeting Public meeting summary Preliminary statement of probable construction costs Master Plan Presentation In this phase we will prepare the master plan documentation.This includes exhibits for presentation along with a master plan brochure that includes plans, graphics, images, narratives, and costs. • Prepare exhibits for a master plan presentation. This may include plans, sketches, and photographs. • Prepare the master plan exhibits for a presentation to the City Council and/or Park Board.This meeting will be open to the public and will serve as the final presentation. • Provide the master plan presentation to the city in digital format for posting on the city's website for additional comment. • Prepare the master plan document.This document includes plans, sketches, and photographic images that support the character and design intent.The document will also include narratives, and statements of probable construction costs. Priorities for implementation will be provided. • Attend two meetings with city staff and stakeholders. Tentatively one meeting will be prior to the Council/Board meeting to review the meeting content and structure and one meeting after to review the input. • Provide coordination with the artist, design team, and city. Deliverables: Master plan presentation exhibits Summary of Council/Board input Master plan document Page 61 5.06.13 - E PARTNERSHIP Ill Hope Gibson r r City of Kent ',. Proposal for Landscape Architectural Services—Kent Valley Loop Trail Page 5 of 6 Assumptions • The City of Kent will provide plans, surveys, and other documentation to support the planning effort. If additional material is required for the planning effort we will define what it is and provide a scope of work and fee as needed. • Meetings in addition to those listed will be provided as an additional service. • Consultants such as traffic engineering, architectural, and environmental are not included. If the need arises we will obtain a scope of work and fee proposal prior to engaging professional services. • Business outreach meetings are limited. Additional meetings to those proposed can be provided as an additional service. Fees Based on the scope of services identified at this time, we have established a fee for landscape architectural services as follows: Berger Partnership $68,000.00 Toole Design Group $20,500.00 Watershed Company $5,000.00 Sub-consultant mark-up (100/.) $2,550.00 Total $96,050.00 Estimated reimbursable expenses $2,500.00 Fees will be billed monthly based upon the percentage of work completed. Services beyond those noted in this proposal will be billed as additional services on an hourly basis as follows, or lump sum fees can be negotiated: Principal $175.00 per hour Associate $125.00 per hour Project Manager $100.00 per hour Landscape Architectural Staff $90.00 per hour Administrative Staff $56.00 per hour All accounts are due in ten days. Invoices not paid within 30 days of invoice date will be subject to late charges of 1%per month. If payment for services is not received within 90 days of the invoice date, all subsequent services and/or issuance of documents may be postponed until receipt of payment, unless special arrangements are made prior to providing the services. Page 62 it 5.06.13 ,t RA RTN E R 5H IG Hope Gibson r r City of Kent Proposal for Landscape Architectural Services—Kent Valley Loop Trail Page 6 of 6 Fees may be subject to renegotiation if the proposal is not accepted within 60 days. If the duration of the contract exceeds one year, hourly rates may be subject to annual adjustments at the anniversary date of the contract. If you have questions,would like more information, or wish to make any modifications, please do not hesitate to contact us.We look forward to working with you on the Kent Valley Loop Trail. Sincerely, B��err..'ger Partnership PS Greg Brower Principal i I Page 63 EXHIBIT INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liabilitv 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. 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. 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 $1,000,000 each occurrence, Page 64 $1,000,000 general aggregate and a $1,000,000 products-completed operations 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. 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. Page 65 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 • Fax: 253-856-6050 KENT Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 16, 2013 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: Director's Report - INFO ONLY MOTION: INFO ONLY SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will inform the committee of noteworthy information and upcoming events. EXHIBITS: None BUDGET IMPACT: None