HomeMy WebLinkAboutCAG2019-224 - Original - Mackenzie Engineering, Inc. - Rally the Valley - 04/22/2019 KENT Records Management
g t 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: Mackenzie and EcoNW
Vendor Number (JDE):
Contract Number (City Clerk):
Category: _Contract Agreement
Sub-Category (if applicable): None
Project Name: Raly the Valley
Contract Execution Date: 4/22/2019 Termination Date: 12/31/2020
Contract Manager: Danielle ButsickDepartment: ECD
Contract Amount: $1 50,000
Budgeted: 0 Grant?
Part of NEW Budget: Local: State: ❑ Federal:
Related to a New Position: Notice required prior to public disclosure?
Basis for Selection of Contractor? Direct Negotiation
Approval Authority: 1:1 Director ❑✓ Mayor City Council
Other Details: Approved by City Council on April 16, 2019
KEN T
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Mackenzie Engineering, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Mackenzie Engineering, Inc. organized under the laws of the State of Oregon (with
Washington offices), located and doing business at 500 Union Street, Suite 410, Seattle, WA 98101
(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:
See attached and incorporated Attachment A / City of Kent Industrial Valley Subarea Plan
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work
described in Section I by December 31, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$150,000, 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
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
CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000)
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000)
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:
B B
Y• Y•
(signature) (signaturA)
Print Name: jCAo,--/ CGS Print Name: Dana Ralph
Its Pri✓[G' Its Mayor
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DATE: ar / d'b/9 DATE:�I---), I�
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Michael Chen Danielle Butsick
Mackenzie City of Kent
500 Union Street, Suite 410 220 Fourth Avenue South
Seattle, WA 98101 Kent, WA 98032
206-749-9993 (telephone) (253) 856-5443 (telephone)
(facsimile) (253) (facsimile)
APPRO ED O FORM:
/ I--,— )" —
Kkntj,aw Department
ATTES :
Kent City Clerk
[In this field,you may enter the electronic flepath where the contract has been saved]
CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For: /19aek-wgzA ..
Title: pomp
Date: �a� ��� e�Vlg
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
MACKENZIE .
ATTACHMENT A
DESIGN DRIVEN I CLIENT FOCUSED
December 21, 2018 (Revised February27, 2019, March 5, 2019, and March 7,2019)
City of Kent, Economic and Community Development
Attention: Danielle Butsick, AICP
400 West Gowe Street
Kent, WA 98032
Re: Kent Industrial Valley Subarea Plan
Project Number 2180559.MK
Dear Danielle:
Projects such as the Kent Industrial Valley Subarea Plan (KIV)which contribute to the future economic growth for the City
of Kent and surrounding communities are especially exciting for our team. Mackenzie appreciates this opportunity and,
based on our February 11, 2019 meeting, we are pleased to present to the City of Kent ("the City") the following revised
scope of services and fee proposal for the KIV.
Mackenzie's integrated team of design professionals will provide land use planning, transportation planning and
architectural services for the above project. In addition, Mackenzie will team with ECONorthwest (ECONW) to take
advantage of their experience in public finance options and economic policy. ECONW will provide economic analysis
consulting services in support of the project.
Our Basis of Design along with our scope of services by phase is as follows:
BASIS OF DESIGN
The following describes the Basis of Design for this proposal,followed by detailed task listed under the Scope of Services.
1. The City seeks to identify and evaluate the enormous future economic opportunities for the Kent Industrial Valley,
specifically within Kent's regionally designated Manufacturing and Industrial Center(MIC).
2. The City has allocated funding for this scope of work to be utilized in 2019 and 2020. We assume Tasks 1, 2 and 3
will be completed in 2019. We have identified scope and fees for tasks 4, 5 and 6, but assume adjustments may
be necessary in 2020.
3. The new KIV will help shape and guide the vision for the future of Kent's industrial and manufacturing lands.
4. The Mackenzie/ECONW team will support City staff and stakeholder meetings as required by the City. We
anticipate up to 5 stakeholder meetings.
5. This response is developed to address the task and scope of work description shared by the City as a draft;as such,
we would recommend a scoping meeting to work closely with City staff to refine the scope and budget to
appropriately allocate available funding to the best possible analysis areas.
6. The City's Long Range Planning and Economic Development departments will support this effort by providing the
base and background data.
P 200.749.9993 • F 204.749.3363 • 'IV MCKNZG.COM • Lvyerl Buildhig,500 Urlivrl 51.reeL,P410,5eatL3e,WA 98101
ARCHITECTURE • INTERIORS • STRUCTURAL ENGINEERING • CIVIL ENGINEERING • LAND USE PLANNING • TRANSPORTATION PLANNING - LANDSCAPE ARCHITECTURE
■ Portland..Oregon - Vancouver,Washington - Seattle,Washington
City of Kent, Economic and Community Development
Kent Industrial Valley Subarea Plan
Project Number 2180559.MK
December 21, 2018 (Revised February 27, 2019, March 5, 2019, and March 7, 2019)
Page 2
SCOPE OF SERVICES
Task 1—Industrial Profile and Industrial Needs Assessment Survey(ECONW Input) Time Duration:3 months
Mackenzie tasks here may include: Identify industry profiles for up to 4 types of building/uses(warehouse,manufacturing,
office, and mixed-use—or other that may apply in the KIV subarea). These would be based on Mackenzie's experience in
design for buildings over the last decade or publicly available profiles,as well as the findings of the industrial stakeholders'
survey. Profiles would include water, sanitary sewer, transportation (all modes), electrical, and telecom needs, as well as
nearby or complementary land uses, potentially including residential, commercial, or office uses.
A. The analysis will address industrial growth relationships between demographics, employment growth, market
trends, and development.These tasks may include:
■ Review of National, State, and Local Trends. The demand analysis will include an overview of national,
regional, and local trends affecting economic development in the City, focusing on the City's target
industries.The overview of trends will focus on major long-run trends while the overview of local trends will
provide more detail on conditions in Kent's and the surrounding region over the past 10-20 years. The
review of trends will focus on the City's target industries. The focus of this analysis will use available
administrative data (or data developed by the City) to discuss the trajectory of industrial areas and sector
make-up.This information will be used in Meeting 2.
■ Industrial Area Case Studies. This task will identify two to three case studies or comparable areas that
illustrate the change to more productive industrial/manufacturing uses that the City would like to support
and attract.This information will be used in Meeting 1.
■ Assessment of Community Economic Development Potential. The analysis will assess land development
potential for industrial uses or other complementary or supportive uses. This will include the mapping of
current uses and assessing redevelopment potential.The main focus of this work will be to help identify key
focal points by sorting areas in categories that include: no redevelopment potential,cornerstone users, and
catalytic areas, and redevelopment sites.This information will be used in Meeting 3.
■ Land and Built Space. Most businesses require a physical space (e.g., office, warehouse, factory, or
storefront). ECONW has developed an innovative method of mapping and geographically analyzing real
estate data to produce maps of regional development activity and market fundamentals. This information
will be used in Meeting 2.
■ Identification of Required Site Types. The demand analysis will identify the characteristics of employment
sites that will be needed to accommodate the expected employment growth based on the types of
employers that the City aspires to attract (as identified in the economic development vision). This
assessment will identify site size, need for infrastructure and services, and other site characteristics. This
information will be used in Meeting 3.
Deliverables:
Summary Slide Decks to be used with the planning process with accompanying technical documentation as needed.
City of Kent, Economic and Community Development
Kent Industrial Valley Subarea Plan
Project Number 2180559.MK
December 21, 2018 (Revised February 27, 2019, March 5, 2019, and March 7, 2019)
Page 3
Task 2—Vision and Goals Development Time Duration:5 months
A. Mackenzie will work with staff to develop vision and goals for KIV based on industrial profile, needs assessment,
and committee input.Vision and goals will be developed through five steering committee meetings,facilitated by
a consultant. A rough work plan for the Steering Committee meetings includes:
❑ Meeting# 1: Baseline Trends and Strategic Issues
■ Key Questions to the Committee:
o What is the strategic opportunity for Kent?
o What best version of ourselves can we be in five,ten,twenty years?
o What risks/constraints will the City and its stakeholders have to contend with?
■ Materials/Presentations to the Committee:
o City presentation on background project context — making the case for how policy,
incentives, and investment can support change.
o Case studies of industrial/manufacturing change (See Task 1).
❑ Meeting#2: Understanding Kent Valley's Users
■ Key Questions to the Committee:
o Why do firms locate in the Kent Valley?
o What conditions can help us achieve the vision we want?
o How will that impact existing users?
■ Materials/Presentations to the Committee:
o Summary of City survey.
o Summary of economic, land use, and real estate uses (See Task 1).
❑ Meeting#3: Identification of Focal Areas
■ Key Questions to the Committee:
o What areas are realistically appealing, capable of investment along the lines the City is
contemplating?
o What are the ideas that would most influence their investment?
■ Materials/Presentations to the Committee:
o Summary of industrial prototypes (See Task 1).
o Summary Maps of Users and Focal Points (See Task 1).
■
City of Kent, Economic and Community Development
Kent Industrial Valley Subarea Plan
Project Number 2180559.MK
December 21, 2018 (Revised February 27, 2019, March 5, 2019, and March 7, 2019)
Page 4
Deliverables:
Participation in Committee meetings, Revised Strategic Plan Document.
Task 3—Land Use, Design Compatibility, and Transportation Time Duration:S months
A. Review existing research and recent studies, including work done by Mackenzie in the Portland Metro area, SW
Washington, and other locations on industrial lands compatible uses, site design, and performance standards.
B. Attend and participate in meeting #4 and #5 with City staff to discuss adapting national and industry knowledge
to the Kent community.
❑ Meeting#4: Public Action Tools
■ Key Questions to the Committee:
o What tools make a difference?
o What are the big/small influencers?What haven't we considered?
o What tools might have unintended consequences?
o What things need to happen first, what can happen latter?
■ Materials/Presentations to the Committee:
o Inventory of tools and actions.
❑ Meeting#5: Strategic Vision, Objectives, and Initiatives
■ Key Questions to the Committee:
o Review and revise draft strategy.
■ Materials/Presentations to the Committee:
o Draft vision, objectives, and strategy.
■ Support for development of Draft Strategic Plan. The consultant team will support one meeting
with the City to develop a strategic plan with the City responsible for developing the first draft.
The team will then review and revise the plan drafted by the City to be submitted to the
Committee on Meeting#5.
C. Work with City staff to develop land use, regulatory and design strategies to meet vision and goals for the KIV.
D. Coordinate with Kent Public Works Transportation Planning, Commute Trip Reduction (CTR), KC Metro, Sound
Transit, WSDOT, and KIV employers and distributors on plans and future technology and trends. Work with City
to develop strategies to meet vision and goals for Land Use, Design, Transportation, Transit, Infrastructure, and
Technology.
■
City of Kent, Economic and Community Development
Kent Industrial Valley Subarea Plan
Project Number 2180559.MK
December 21, 2018 (Revised February 27, 2019, March 5, 2019, and March 7, 2019)
Page 5
Deliverables:
An outline of likely land use and design strategies developed though this phase of development, along with geospatial
data and maps as necessary. Outline is anticipated to be a five-page summary of each strategy with some details on
implementation steps and a summary of how the strategy supports the vision for the Valley.
Task 4—Economy and Employment(ECONW) Time Duration:5 months
A. This task will support Kent's participation in economic development planning related to refinement and
implementation of regional, local,and targeted strategies.Of particular interest is the furthering of the PSRC space
sector study and global trade and supply chain management study.The consultant team will meet with the City's
ED and LRP teams to specify the scope of work. Mackenzie will work with Kent to develop strategic responses and
identify strategies that perform well under multiple situations. Changing land use policy requires coordinating
with multiple jurisdictions. Introducing new business incentives requires investment and local advocacy. Overall,
this makes regional economic development groups incredibly flexible and innovative in how to respond to
economic challenges, including launching incubators,facilitating public-private partnerships, and developing new
workforce initiatives. ECONW will help Kent systematically think through the resources the City could leverage in
its response strategies.These resources will become clearer through Tasks 1 and 3, but they could include:
■ Cluster organizing and engagement.
■ Business incentives.
■ Tax and land-use policies.
■ Infrastructure needs and priorities, including transportation, energy, and communications.
■ Federal grant opportunities.
Task 5—PSRC Checklist,Growth Targets,and Capacity Analysis Time Duration:3 months
A. Mackenzie will support analyzing existing and planned utility and transportation capacity based on land use
strategies identified.
B. PSRC has recently adopted a new Regional Centers Framework and checklist for Centers Plans which all local
jurisdictions designated as centers are required to adopt by 2020. Therefore, the MIC Plan for Kent would need
to incorporate the requirements.The Consultant would support LRP and in coordination with PSRC to complete
the subarea plan checklist for the MIC to ensure that the plan meets all required components. A majority of this
work includes examining capacity and targets for growth and ensuring land strategies enable continued growth.
Task 6—Adoption and Environmental Review(SEPA/EIS) Time Duration:5 months
A. Mackenzie will support City staff in compilation of the plan document in preparation for stakeholder presentations
and approval. We assume three meetings with staff.
B. Mackenzie will complete a non-project action SEPA checklist and provide produce a Supplemental Environmental
Impact Statement.
City of Kent, Economic and Community Development
Kent Industrial Valley Subarea Plan
Project Number 2180559.MK
December 21, 2018 (Revised February 27, 2019, March 5, 2019, and March 7, 2019)
Page 6
FEE SUMMARY
Our fixed fee for the related design services described above are as follows:
Task 1: $35,250
Task 2: $25,150
Task 3: $35,000
Task 4: $24,600
Task 5: $10,000
Task 6: $20,000
TOTAL $150,000
Reimbursable expenses (printing, copying deliveries, ride share vehicles, application-based transportation, mileage, etc.)
are included in the fee outlined above and will be invoiced at 1.12 times cost. Reimbursables are estimated to be $2,000
and will not be exceeded without the Client's approval.
ASSUMPTIONS
Please review and notify Mackenzie if Client believes that any of the Assumptions listed here are either inaccurate or
unreasonable prior to project commencement. Please also notify Mackenzie if any additional clarity is needed for the
Client to fully understand these Assumptions. In addition to the scope of services outlined above, we have assumed the
following:
1. Client will provide current electronic files of any relevant data and background information to assist in the KIV
subarea plan.
2. The above scope and budget will be refined in the initial step (Task 0) of the project and other possible
assumptions and exclusions may be developed based on the outcome of that meeting.
EXCLUSIONS
Please review and notify Mackenzie if Client believes that any of the Exclusions listed here are to be included in
Mackenzie's scope of services prior to project commencement. Please also notify Mackenzie if any clarity is needed for
the Client to fully understand these Exclusions. In addition to any Exclusions outlined within the proposal above, we have
also excluded the following from our proposed scope of services.
1. Special billing requirements required by Client outside of Mackenzie's standard billing procedures.
2. Land survey, topographic survey,tree survey, or metes and bounds descriptions and related specifications.
3. Soils investigations/testing and related specifications.
4. Meetings with public agencies or other meetings other than those specifically identified in Scope of Services
above.
5. Sensitive lands requirements.
City of Kent, Economic and Community Development
Kent Industrial Valley Subarea Plan
Project Number 2180559.MK
December 21, 2018 (Revised February 27, 2019, March 5, 2019, and March 7, 2019)
Page 7
It is our understanding the project will start in January 2019. If the proposal is agreeable to you, we can prepare
incorporate the final agreed upon proposal into the City's contract agreement. Please note that this proposal is valid for
90 days.
We look forward to working with the City of Kent on this new project. If you need additional information or have any
questions, please do not hesitate to call.
Sincerely,
Michael Chen
Associate Principal
Enclosures: Meeting Schedule
c: Morgan Shook, ECONorthwest
Todd Johnson—Mackenzie
Kent Industrial Valley Subarea Plan
Project Schedule
2019 2C20
�. � J F M A M J J A S 0 N D
T. Y 7 ♦ v
M®
Task 4 Task 4
Task 6
Task 2: Steering Committee V Project Completion
Meetings
NW
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11
85 or a substitute endorsement providing equivalent
coverage.
3. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the
Consultant's profession.
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.
EXHIBIT B (Continued )
2. Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $2,000,000
general aggregate.
3. Professional Liability insurance shall be written with limits no
less than 1,000,000 per claim.
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.
EXHIBIT B (Continued )
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.
7OT3/07/2019
E(MMIDDNYYY)
�® CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER LIC #OE77964 1-415-365-8000 CONTACT
Integro Insurance Brokers PHONE FAX
Ex • A/C No):
One California Street E-MAIL
ADDRESS:
Suite 400
San Francisco, CA 94111 INSURERS AFFORDING COVERAGE NAIC#
INSURER A: TRAVELERS PROP CAS CO OF AMER 25674
INSURED INSURERB: TRAVELERS CAS & SURETY CO OF AMER 31194
Mackenzie Engineering, Inc.
INSURER C
1515 SE Water Avenue, Suite 100 INSURERD:
Portland, OR 97214 INSURERE:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 55572227 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR POLICY NUMBER MM/DD MM/DD
A GENERAL LIABILITY 630-OL127311-TIL-18 09/01/1 09/01/19 EACH OCCURRENCE $ 1,000,000
X DAMAGE TO RENTED 100,000
COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $
CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 5,000
PERSONAL 8 ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000
POLICY PRO-
JECTLOC $
A AUTOMOBILE LIABILITY BA-1L6043 14-18-CAG 0 O1 1 9 1 COMBINED SINGLE LIMIT 1,000,000
Ea accident
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE
X HIRED AUTOS X AUTOS Per accident)
ccident $
A UMBRELLA LIAB X OCCUR EX-1L64048A-TIL-18 09/01/1 09/01/19 EACHOCCURRENCE $ 5,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
DE D RETENTION$ $
WORKERS COMPENSATION WC STATU- OTH-
AND EMPLOYERS'LIABILITY Y/N
CRY LIMI ER
ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? ❑ N I
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $
If yes,describe under --
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
B A&E Professional Liab. 106970374 09/01/1 09/01/19 Aggregate 5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
RE: Mackenzie project #2180559 - Kent Industrial Valley Subarea Plan
City of Kent is included as Additional Insured (except Professional Liability) where required by written contract with
the Named Insured. General and Auto Liability is primary and non-contributory over any existing insurance and limited t
liability arising out of the operations of the named insured and where required by written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CITY OF KENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
220 FOURTH AVENUE SOUTH AUTHORIZED REPRESENTATIVE
KENT, WA 98032j,t„�„
USA
01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
msteffan
...11-
www.saif.com
Oregon Workers' Compensation work.
Certificate of Insurance saifOregon.
Mail to: Certificate holder:
MACKENZIE ENGINEERING INCORPORATED CITY OF KENT
MACKENZIE ENGINEERING 220 FOURTH AVENUE SOUTH
PO BOX 14310 KENT, WA 98032
PORTLAND, OR 97293-0310
The policy of insurance listed below has been issued to the insured named below for the policy period
indicated.The insurance afforded by this policy is subject to all the terms,exclusions and conditions of
such policy; this policy is subject to change or cancellation at any time.
Insured Producer/contact
Mackenzie Engineering Incorporated SAIF Corporation
Mackenzie Engineering SAIF Corporation
PO Box 14310
Portland, Or 97293-0310
Issued 03/07/2019 Limits of liability
Policy 753429 Bodily Injury by Accident $1,000,000 each accident
Period 09/01/2018 to 09/01/2019 Bodily Injury by Disease $1,000,000 each employee
Body Injury by Disease $1,000,000 policy limit
Description of operations/locations/special items
Project#2180559-Kent Industrial Valley Subarea Plan
Important
This certificate is issued as a matter of information only and confers no rights to the certificate holder.This certificate
does not amend, extend or alter the coverage afforded by the policies above. This
certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the
certificate holder.
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE
THEREOF, NOTICE WILL BE DELIVERED TO THE POLICYHOLDER AND CERTIFICATE HOLDER IN
ACCORDANCE WITH THE POLICY PROVISIONS AND OREGON LAW. SAIF WILL ENDEAVOR TO PROVIDE
WRITTEN NOTICE WITHIN 30 DAYS WHENEVER POSSIBLE.
Authorized representative
)�,
�4�—
Kerry Barnett
President and CEO
400 High Street SE
Salem,OR 97312
P:800.285.8525
F:503.584.9812
Poficy_OLCA_CertificateOfl nsurance
Request for Mayor's Signature
KENT WASHINGTON Complete this form and route to the Office of the City Attorney
(Print on cherry-colored paper)
Approved by Director
Originator: Phone (Originator): -JjxG _
Date Sent: 2 2nla Date Required:
Returned Signed Document to: Contract Coversheet Attached
Has this Document been Specifically Authorized
Vendor Name: in the Budget? e ❑No
Date of Council Approval: Account Number: C1 lD3
r
ef Explanation of Document:
PtN WLVV- Urn -h , U
V
0,,9
T�
Date Received by City Attorney:
Comments: RECEIVED
Date Routed to the Mayor's Office: APR 2 3 2019
Date Routed to the City Clerk: S43� City of Kent
aa( Office of the M
Date Returned to Originator:
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