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HomeMy WebLinkAboutCAG2019-153 - Original - KPG, P.S. - 4th & Willis Roundabout Conceptual Landscape Design - 03/14/2019 KEN,- Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: KPG, P.S. Vendor Number (7DE): Contract Number (City Clerk): rr R 8 201°I Category: -Contract Agreement Sub-Category (if applicable): None Project Name: 4th & Willis Roundabout Conceptual Landscape Design Contract Execution Date: 3/8/2019 Termination Date: 5/31/2019 Lynn Osborn/TJ Parks Contract Manager: Department: Contract Amount: $44,191 .00 Budgeted: F✓ Grant? Part of NEW Budget: Local: ❑ State: ❑ Federal: ❑ Related to a New Position: Basis for Selection of Contractor? Direct Negotiation Approval Authority: 0 Director ✓0 Mayor City Council Other Details: Consultant Svcs Aqmt for landscape design svcs at 4th & Willis incl street corners and greenway to UPRR tracks. 0 1�-�+�" KEN T CONSULTANT SERVICES AGREEMENT between the City of Kent and KPG, P.S. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KPG organized under the laws of the State of Washington, located and doing business at 3131 Elliott Avenue, Suite 400, Seattle, WA 98121 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in the attached Exhibit A, incorporated herein, consultant shall provide conceptual landscape design for key elements of a traffic roundabout to be located at 4cn I Avenue South and Willis Street in downtown Kent. Areas within scope include the central portion of the roundabout, the four surrounding street corners and along Willis Street from the Union Pacific Railroad tracks to 4th Avenue. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by May 31, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $44,191.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 1 / I / 1 / CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: By Bye7D o—rillll,.�'7� - i re) (signature) Print Name: \0 Print Name: Dana Ralph Its o ( Its Mayor (title) �� DATE: 0.►,' (2�- j� DATE: - NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Liz Gibson Terry ]ungman KPG City of Kent 3131 Elliott Ave, Ste 400 220 Fourth Avenue South Seattle, WA 98121 Kent, WA 98032 206-286-1640 (telephone) (253) 253-856-5112 (telephone) Liz@kpg.com Tjungman@kentwa.gov APPROVED AS TO FORM: ent La 'Department IAT71 ds : i Kent City Clerk P;\Planning\4th and Willis Roundabout\KPG Contract\Conceptual Landscape Design-KPG-CONTRACT CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, agree to fulfill the five requirements referenced above. c By✓' For: �"C Title: �L� Gyh -()(AG Date: U U I EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By:For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A City of Kent Parks, Recreation and Community Services 4th and Willis Roundabout Conceptual Landscape Design Exhibit A—Scope of Work March 4th,2019 Proiect Description and Background The City of Kent is moving forward with design of a roundabout to replace the current intersection at 4th Avenue South and Willis Street. The concept design phase for areas within the right-of-way is being managed by Public Works, with Engineering services provided by Transportation Solutions Inc. As part of this project, the Parks, Recreation and Community Services proposes to explore a range of options for bicycle/pedestrian connectivity,green stormwater infrastructure (GSI) locations, placemaking, and landscape design for the corridor stretching from the Interurban Trail to the west edge of 3rd Avenue. The Parks Department has identified the following task associated with the 4th and Willis Conceptual Landscape Design: o Provide conceptual design (s), including the following key elements: ■ The four street corners of the proposed roundabout ■ Center treatment of the roundabout • Greenway landscape treatment concept, along Willis St, between UPRR and 4th St ■ Preliminary layout of non-motorized facilities, connecting the Interurban Trail to 4th St ■ Conceptual GSI elements incorporated into the landscape treatment ■ Preliminary Storm Water Analysis and Design ■ Locations for Kent gateway signage and wayfinding elements(design to be determined during later design phase or provided by City) ■ Photo examples of gateway monuments or art elements to be included in the roundabout center. ASSUMPTIONS • Scope of this work is through Conceptual Design, to be completed by May 31st 2019 • Conceptual layouts will be based on engineering design for ROW improvements and roundabout, at 411 Ave S and Willis St, as provided by Transportation Solutions and City of Kent Public Works. • GSI recommendations will be based on existing stormwater infrastructure information provided by City of Kent • Project deliverables will be PDF documentation. • At the end of the project, documents will be submitted to the City for records, in the format they were created in, i.e. InDesign, Word and Excel for cost estimates. • The Consultant will set-up and maintain the project.ftp site for the project team. PROVIDED BY KPG • Three (3) high-level conceptual/sketch plan alternatives,for discussion with City Stakeholders. • ROM cost estimates associated with the high-level concepts. • One preferred alternative for Council presentation with Staff recommendation. Page 1 1 41h and Willis Roundabout Conceptual Landscape Design KPG EXHIBIT A(Continued) City of Kent Parks, Recreation and Community Services 4tn and Willis Roundabout Conceptual Landscape Design • Detailed cost estimate (10%plan level effort cost estimate)for preferred alternative. • Preliminary GSI/stormwater treatment recommendations. • Preliminary Storm Water Design Memo • Report of Findings for Conceptual Design PROVIDED BY THE CITY The City will provide or obtain the following items: • Electronic drawing files for ROW improvements, including: o Survey information, including existing utility information (GIS data on existing utilities and other available information) o Proposed roadway improvements (curb and pavement lines, channelization, lighting locations, utilities) o Proposed City of Kent Signage and/or wayfinding signage type if applicable TASK 1-MANAGEMENT/ADMINISTRATION/COORDINATION Task 10bjective: Management of project team throughout the duration of the project, coordination with project owner, coordination with project team, development of invoices. Consultant will attend up to (3) meetings with City Staff for project review, discussion of alternatives and coordination, either in person or teleconferencing as necessary and one site visit -to inventory site conditions,for both Landscape Concept and GSI/Stormwater treatment recommendations. Task 1 Work Elements: 1.01 Project Management 1.02 Monthly Progress Reports and Invoicing 1.03 Project coordination meetings(3) and site visit (1) Task 1 Deliverables: • Monthly progress reports including invoices,emailed. • Meeting agendas and minutes,including summary of decisions made/needed resulting from design coordination meeting. Task 1 Assumptions: • The Consultant will provide timely and immediate notification of any work items or project developments constituting a change to the written scope of work and fee budget estimate and schedule. • The work of this task is estimated to be up to 3-months. TASK 2-CONCEPT DESIGN Task 2 Objective: Consultant shall provide conceptual options and cost estimates for bicycle/pedestrian connectivity, green stormwater infrastructure, placemaking, gateway and wayfinding signage, and Page 12 4tn and Willis Roundabout Conceptual Landscape Design KPG EXHIBIT A(Continued) City of Kent Parks, Recreation and Community Services 4"'and Willis Roundabout Conceptual Landscape Design landscape design for the corridor stretching from Interurban Trail to the west edge of 3rd Avenue, along Willis Ave. Task 2 Work Elements: 2.01 Prepare three high-level conceptual alternatives for discussion and refinement with City Staff and stakeholders.These will include hand sketches to convey concepts, example photographs of proposed elements, including conceptual green stormwater infrastructure recommended locations and configurations. 2.02 Prepare concept design for the preferred alternative,including up to three illustrative renderings, plan and section graphics. These will include illustrations of street corners at the roundabout intersection (perspective rendering, either hand-drawn or photosim), center treatment for the roundabout, look and feel for the greenway experience, conceptual plant palette, example photographs of materials for pavement treatments, proposed locations for wayfinding signage, and photo examples for gateway options. 2.03 Prepare cost estimate(s), including ROM for initial three concepts for discussion, and detailed cost estimate for preferred alternative,which may include options to provide a range of costs for different elements. 2.04 Prepare report of findings with recommendations, including preliminary design alternatives, preferred design alternative and cost estimates. Task 2 Deliverables: Report of findings and recommendations (PDF and hard copy) including: • Concept design, renderings, and sections for design alternative • Detailed cost estimate (10%plan level effort cost estimate) • Preliminary recommendations for incorporating GSI elements Task 2 Assumptions: • The three conceptual alternatives will be narrowed down to one preferred alternative which will be carried forward and refined for Council presentation. • Non-motorized connection will use AASHTO, NACTO, and established bike/ped guidelines for design. • Gateway concepts will be conveyed through photo images, actual design will be determined in a future design phase. • Drawings and sketches will be provided in .pdf format and/or power-point format for meetings, if required. • Project management is part of Task 1. TASK 3—PRELIMINARY STORMWATER ANALYSIS&DESIGN Task 3 Objective:Consultant shall prepare preliminary design of stormwater runoff treatment,flow control and on-site stormwater management elements for the project in accordance with the Kent Surface Water Design Manual. Page 13 4`'and Willis Roundabout Conceptual Landscape Design KPG EXHIBIT A(Continued) City of Kent Parks, Recreation and Community Services 0 and Willis Roundabout Conceptual Landscape Design Task 3 Work Elements: 3.01 Review Existing Conditions—Review GIS data,topographic survey,available stormwater reports. Review existing conditions in the field. Prepare a drainage basin map delineating the project area and upstream tributary areas. 3.02 Provide recommendations for green stormwater infrastructure locations and configurations,for conceptual alternative landscape designs -GSI recommendations for this task will be based on the approximate amount of additional hard surface proposed for trail and pedestrian improvements to facilitate conceptual design for the alternatives within the greenway. 3.03 Preliminary Stormwater Management Assessment — Determine flow control, water quality treatment, and flow control BMP(GSI) requirements. 3.04 Conceptual Stormwater Design — Develop a stormwater design concept for addressing stormwater requirements. Perform initial sizing calculations based on an assumed infiltration rate to determine potential infiltration facility locations. Refine facility sizing based on geotechnical investigation and infiltration testing. Include preliminary stormwater design on conceptual landscape design developed in Task 2. Task will include up to two (2) staff meetings and review. 3.05 Preliminary Stormwater Design Memo— Prepare a brief technical memorandum to document stormwater management requirements and preliminary facility sizing. Task 3 Deliverables: Preliminary stormwater design memorandum (draft and final), documenting: • Project drainage basins map • Applicability of flow control, water quality treatment, and flow control BMP requirements • Preliminary sizing of required stormwater management facilities. Task 3 Assumptions: • The stormwater analysis will encompass the entire project area, consisting of the Willis Street corridor between the Interurban Trail and 3"Avenue S, including the proposed roundabout with connections to 3rd and 4tn Avenues S,trail, and pedestrian improvements. • The stormwater design concept will be developed at an approximate 10%level of design. • The City will provide areas of new and replaced impervious surface for the roundabout project. • The City will provide a complete topographic survey of the project area and roundabout layout in AutoCAD. • The City's geotechnical consultant will provide infiltration testing and groundwater depth in accordance with the Kent Surface Water Design Manual. • This task does not include preparation of a Surface Water Technical Information Report(TIR).The preliminary stormwater design memorandum included in this task will provide the basis of a TIR to be prepared in future phase. • Project management is part of Task 1. Page 4 0 and Willis Roundabout Conceptual Landscape Design KPG EXHIBIT A(Continued) City of Kent Parks, Recreation and Community Services Wh and Willis Roundabout Conceptual Landscape Design Other Services The City may require other services of the Consultant.These Services could include other work tasks not included in the scope of work. The scope of these services will be determined at the sole discretion of the City. At the time these services are required,the Consultant shall provide a detailed scope of work and estimate of costs.The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. Page 15 41h and Willis Roundabout Conceptual Landscape Design KPG 9m apm @m $ pm % I ® ( \ $ \ ) ( 7 % ® ® k a) 2 idU. / / , a , & j { 2 ` ` \ - - ® - « \ ■r. CIO ) 2 = ® = S \ zCOO � . § f§ § ? � k ° ■ ) § co to § - J \ cm _ § 0 u � # . k IL 2K � § 04 C-4 2 C3 k A ! } 7 0 � _ = a ; _ ■ ■ a § 0 k % k k id � § E kk § [ 2 ` ! B 2 / _ _ } } 7 / ) _ ƒ \ } ± ! - 2 E & k § \ - / f g( % _ ) k \ ± - k 5 k ) ) \ ° - LA $ § @ } \ § ) £ k ) \ f = } § ; f 2 ) ) j $ J j ) M 2 ƒ ) / 2 § e E e \ } /# § ƒ } \ } j \ � \ ) k _ = i , - m � , a. .. - ^ )- - e11c ( ) G /a.( M ; > 2 / , w w a / a w w a a EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 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. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or a substitute endorsement providing equivalent coverage. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: EXHIBIT B (Continued) 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, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The 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 ANII. 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 EXHIBIT B (Continued ) 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. Client#: 1487397 KPGPS ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/08/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CO NTACT US[Insurance Services NW PR NAME: Tracy Miyake - a/c°O;No Ext:206 441-6300 a//c N.I, 610-362-8530 601 Union Street, Suite 1000 E-MAIL Seattle.PLCertRe uest usi.com Seattle,WA 98101 ADDRESS: q INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Co of America 25666 INSURED INSURER B:Berkley Insurance Company 32603 KPG, P.S.fka KPG, Inc. Chad-O.kFimInsuranceCompsny 25615 '�,INSURER C 3131 Elliott Avenue,Suite 400 - -- Seattle,WA 98121 INSURER ID: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUM_BE_R MM/DD/YYYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X '6809M677855 1/01/2019 0110112020 EACHG�OEECCURRENCE $1,000,000 CLAIMS-MADE LX'OCCUR PREMISESOEaEoiccurrence $1,000,000 _ MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECTPRO- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY X X BA9M680558 1/01/2019�01/01/202 EaaBINEerDit SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED ONLY E NON-OWNED AUTOS AUTOS ONLY PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS tt LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION X 6809M677855 1/01/2019 01/01/202 X PER OTH- AND EMPLOYERS'LIABILITYTLIT, ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN (WA Stop Gap) E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000,000 If yes,describe under --- DESCRIPTION OF OPERATIONS below _ _ E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional AEC902679401 1/01/2019 01/01/2020 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: KPG FIN 19029-Willis Roundabout. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contains a special endorsement with Primary and (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Lynn Osborn ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S25159821/M25146818 S H PZP DESCRIPTIONS (Continued from Page 1) Noncontributory wording,when required by written contract.The General Liability and Automobile Liability policies include an endorsement providing that 30 days notice of cancellation will be given to the Certificate Holder by the Insurance Carrier. SAGITTA 25.3(2016/03) 2 of 2 #S25159821/M25146818 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9M677855-19-47 OFFICE PAC ISSUE DATE: 12/26/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 This endorsement modifies insurance provided under the following: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed and executed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE. IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE. BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY', "PROPERTY DAMAGE",PERSONAL INJURY OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART. BY: 1. YOUR ACTS OR OMISSIONS: OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF: IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED(S) AT THE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED, THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. ALL WORK. INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CG T8 01 01 19 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9M677855-19-47 OFFICE PAC ISSUE DATE: 12/26/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 This endorsement modifies insurance provided under the following: CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE, MAINTENANCEOR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONAL INSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED,- OR 2. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR APRINCIPAL AS A PART OF THE SAME PROJECT. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG T8 01 01 19 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-9M677855-19-47 OFFICE PAC ISSUE DATE: 12/26/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD425 This endorsement modifies insurance provided under the following: OTHER INSURANCE -ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you specifically agree in a written contractor agreement that the insurance afforded to anadditional insured under this Coverage Part must apply ona primary basis, or a primary and non-contributorybasis, this insurance is primary to other insurance thatis available to such additional insured which coverssuch additional insured as a named insured, and wewill not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for whichcoverage is sought is caused by an "occurrence"that takes place; and (2) The "personal injury" or "advertising injury" forwhich coverage is sought arises out of an offensethat is committed; subsequent to the signing and execution of that contract or agreement by you. CG D4 25 07 08 2008 The Travelers Companies, Inc. CG T8 04 01 19 Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION 11 — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. KENT REQUEST FOR MAYOR'S SIGNATURE Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) PPD 1-5- Approved by Director2L q J Originator: Lynn Osborn for Terry Jungman Phone (Originator): x5111 Date Sent: 3/8/2019 Date Required: Soonest possible please Return Signed Document to: Lynn Osborn Contract Termination Date: 5/31/2019 VENDOR NAME: Date Finance Notified: KPG PS (only required on contracts 3/8/2019 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified: (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: G Authorized in the Budge ? • YES NO I ! O Brief Explanation of Document: This is a consultant services agreement in the amount of $44,191.00 for conceptual landscape design services for the traffic roundabout to be installed by the Public Works Dept. at 4th Avenue South and Willis Street. The areas within scope include the central portion of the roundabout, the four ad'acent street corners and the open space from 00% 4th Avenue to the Union P R VED All Contrac s us ILW8 e 1Q9FghTrhe Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: jy Law Dept. Comments: r (Z Date Forwarded to Ma or: Shaded Areas; o Completed By Administration Staff Received: RECEIVE® Recommendations and Comments: Disposition: s6",p 3 (ta l City F- of Kent Date Returned: Office of the Mayor P\Civil\Forms\Document Processing\Request for Mayor's Signature.docx