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HomeMy WebLinkAboutCAG2022-111 - Original - MacLeod-Reckord, PLLC - Green River Trail Alignment 30% Design at Milwaukee II Levee - 03/27/20223/24/22 3/28/22 CAG2022-111 - 00, a �0�. 4 KEN T WAS .. N G T O n CONSULTANT SERVICES AGREEMENT between the City of Kent and MacLeod Reckord PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and MacLeod Reckord PLLC organized under the laws of the State of Washington, located and doing business at 110 Prefontaine Place South, Suite 600, Seattle, WA 98104 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The 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 evaluation servivices and up to 30% design for the Green River Trail alignment at the Milwaukee II Levee Improvements project, located at South 259t" Street near Foster Park (UPRR Mile Post 166.08). The levee improvement project is managed by the Kent Public Works Department. The 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. The Consultant shall complete the work described in Section I by 12/31/2022. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $143,460.00, 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. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - (Over $20,000) for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the 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 the 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 the 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 the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. 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. The 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. VIII. INDEMNIFICATION. The 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 the 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 the 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 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 the 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 the 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. IX. 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. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the 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. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII 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 the Consultant. CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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 the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 5 (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: By: Print Name: Connie Reckord Its Managing Member CITY OF KENT: Byc: Print Name: Dana Ralph Its Mayor DATE: M a r 22, 2022 DATE: 03/27/22 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Connie Reckord MacLeod Reckord 110 Prefontaine PI. Seattle, WA 98104 Terry Jungman City of Kent S, Ste 600 220 Fourth Avenue South Kent, WA 98032 206-323-7919 (telephone) connier@macleodreckord.com (email) (253) 856-5112 (telephone) tjungman@kentwa.gov (email) APPR IED AS TO FORM: e It aw i ep rtment ATTEST: Kent City Clerk P:\Planning\Green River Trail & Corridor\Milwaukee Levee\MacLeod Reckord\GRT Alignment Design30-CONTRACT CONSULTANT SERVICES AGREEMENT - 6 (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. (:�1U-111 By: For: MacLeod Reckord PLLC Title: Managing Member Date: M a r 22, 2022 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN CONTRACTORS POLICY: SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor 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 into on th Kent. that was entered (date), between the firm I represent and the City of 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 Scope of Work January 27, 2022 City of Kent Green River Trail Alignment at Milwaukee II Levee Improvements PROJECT DESCRIPTION The City of Kent (City) is pursuing extension of the Green River Trail to complete a non -motorized connection between the Foster Park Trailhead and S. 259th Street. Based on review of the previously prepared Green River Trail Undercrossing Alternatives Report for the Union Pacific Railroad (UPRR), both the City and UPRR have determined the preferred alignment for the trail should be co -located with the road beneath the existing trestle on S. 259th Street. This alignment will require engineering evaluation of the trestle to determine the preferred wall structure that will allow embankment soil to be removed from the trestle bent immediately south of the roadway where a new trail can then be built. The railroad trestle has a substandard vertical clearance of approximately 8.5' from the existing road to the lowest point of the overhead trestle and consequently has sustained damage in the past from being hit by oversized vehicles. For this reason UPRR requests that, as a part of this project, additional protective barriers with a warning system be installed on both east and west sides of the undercrossing. The City will take on the design and engineering for the protective barrier and electrical service required for its operation. The design for this project will be separate from planned improvements for the Milwaukee II Levee Project improvements, however construction of the two projects is anticipated to be concurrent. Levee improvements include grout injection into the embankment immediately south of the trestle, and construction of a new floodwall on the south side of S. 259th Street. As the design advances beyond 30% there will be need for coordination between the projects. The scope of services will include structural and geotechnical engineering evaluation of the trestle, trestle undercrossing improvements to accommodate the new trail and ensure the trestle remains safe for its intended use. Services extend through preliminary design (30%). OUTLINE OF SCOPE OF SERVICES The MacLeod Reckord team will provide evaluation and preliminary design and engineering in accordance with City of Kent standards and guidelines, and UPRR/BNSF Guidelines for Railroad Grade Separated Projects. Scope of work shall consist of the following: Design and Engineering Services Task 01 Project Management 02 Data Collection, Analysis / Evaluation, and Mapping 03 Review/Collaborative Meetings (City, UPRR) 04 30% Schematic Design 05 Permit Review MACLE OD -RE CKCRD EXHIBIT A (Continued) PROJECT TEAM ROLES AND RESPONSIBILITIES MacLeod Reckord (Consultant) will contract with qualified subconsultants, including, but not limited to the firms indicated below. Roles and responsibilities are as follows: 1. MacLeod Reckord PLLC (MR) (Consultant) — Project management; agency coordination; trail and trailhead planning, design and documentation; overall document coordination; project oversight and QA/QC. 2. KPFF Consulting Engineers (KPFF) — Civil engineering, structural engineering, temporary erosion control measures, utilities planning, engineering, and documentation. 3. GeoEngineers (Geo) — Geotechnical evaluation and engineering services. GENERAL PROJECT ASSUMPTIONS 1. Consultant team will secure rights -of -entry as necessary to access the project area. 2. City and/or UPRR will provide any as -built documents available (but for purposes of this scope, assumed unavailable). 3. City is responsible for setting up targeted coordination meetings with King County, UPRR, and others as necessary to advance the project. Correspondence and coordination with these entities will be primarily the responsibility of the City but may be expanded to include direct correspondence with the Consultant, as approved by the City, and to the limits shown in the fee proposals. 4. Structural evaluation of the trestle is assumed to focus on viability of overexcavating fill at the riverside bent and will not expand to include structural integrity of other spans. 5. Traffic data collection and/or user vehicle data collection is not anticipated to be necessary and is not included in this scope. 6. LEEDT"' Process is not included at this time, however sustainable building practices will be incorporated into site design as program and budget allow. 7. Hazardous Materials are not anticipated at this site. If they are identified within required locations of ground excavation, additional fee may be required. Contaminated materials including soil and treated wood elements are anticipated at this site. It is assumed that the testing outlined as part of this scope will be sufficient to characterize these materials for off - site disposal purposes and that the materials will not be characterized as hazardous. If additional testing is needed or materials are designated as hazardous, additional fee may be required. 8. Base survey files to be used for this project are to be provided by the City. DESIGN STANDARDS/CRITERIA 1. All work will comply with City of Kent Parks/Public Works for street improvements; with AASHTO guidelines for trail improvements; and with UPRR standards and guidelines for trestle revisions and work within the UPRR corridor. Conflicting guideline directives will be resolved by City of Kent and deviations, if required, will be provided by the Consultant. 2. Documentation will be in ACAD 2020, Civil 3D 2020, or as mutually agreed. 3. City of Kent Stormwater Manual, current edition. 4. Manual of Uniform Traffic Control Devices (MUTCD), current edition 5. WSDOT, Standard Specifications for Road, Bridge, and Municipal Construction, English, current edition and Amendments. 6. United States Access Board Guidelines and Standards for Recreation Facilities — Trails. 7. Relevant utility purveyor design guidelines. 2 EXHIBIT A (Continued) SCHEDULE The scope of work is premised on a Notice -to -Proceed date of approximately January 2022 with delivery of final 30% package approximately July 2022. TASKS PART I — PRELIMINARY DESIGN AND ENGINEERING SERVICES TASK 1: PROJECT MANAGEMENT 1.1 Coordination and Review: Coordinate the Consultant design team to ensure that the work is completed on schedule, is technically competent, and meets City and UPRR requirements. Develop and implement the work plan and provide overall coordination and review of the work. 1.2 Document Management: Provide for the management of drawings and documents received and generated over the course of the project, including review, distribution, filing, and storage. 1.3 Subconsultant Management: Subconsultant management includes the preparation and execution of subcontracts with each Subconsultant involved in the project. The Consultant will provide ongoing overview of progress, review of invoices, and overall coordination of Subconsultants involved in the project. 1.4 Quality Assurance/Quality Control: Conduct a quality assurance check of all deliverables prior to submittal to the County. 1.5 Invoicing: Prepare and submit regular invoicing and monthly progress reports. Deliverables: • Contract Documents • Invoicing and Progress Reports TASK 2: DATA COLLECTION, ANALYSIS / EVALUATION, AND MAPPING 2.1 Data Research and Assembly: Assemble documentation as provided by the City and UPRR to inform project design and engineering effort. 2.2 Survey: Edit base survey to sheet file format. 2.3 Site Reconnaissance: For purposes of verifying data, assessing conditions, and mapping additional information. 2.4 Trestle Structural Evaluation and Reporting: For purposes of informing preliminary design associated with trestle revisions and retaining wall construction. May require exploration to determine foundation depth/construction (see Task 2.7). Provide summary report. 2.5 Storm Drainage Analysis and Utility Impacts Evaluation: For purposes of informing preliminary design associated with trestle revisions and installation of trail, and any trailhead improvements, Consultant to provide a technical memorandum assessing impacts to utilities and evaluation of stormwater solutions in order to inform future phases of storm drainage design and (TIR) reporting. Feasibility of onsite stormwater EXHIBIT A (Continued) management and infiltration to be based on the available geotechnical and recommendations of Task 2.7 below. 2.6 Not Used. 2.7 Geotechnical Evaluation and Reporting: For purposes of supporting 30% design of trail crossing, trailhead improvements and evaluating geotechnical impacts to trestle as a result of proposed design. Work to include: a. Review existing geotechnical information to include explorations from previous studies in our inhouse files and relevant as-builts provided by the UPRR or the City. b. Assist in obtaining right of entry from UPRR to complete visual reconnaissance of the trestle and embankment and to complete testing on the trestle piles. We expect the City will lead all communication with UPRR we will provide technical support as required. c. Perform field visits to explore trestle foundation condition. Geo will subcontract a testing service to attempt low strain dynamic testing on up to 8 trestle piles with the goal of achieving usable data on at least 4 trestle piles. The testing, if successful, will be used to determine the length of the existing trestle piles. d. Complete a geotechnical boring to characterize subsurface conditions in the vicinity of the railroad trestle and trail improvements. One boring will be advanced to about 80 feet below ground surface. The boring will be advanced near the trestle but is expected to be outside of the UPRR right of way. Geo will notify the one -call utility locate center in advance of drilling and subcontract a private utility locate service to locate underground utilities in the vicinity of the boring location. Samples collected in the boring will be field screened for environmental contamination. If signs of contamination are noted we will store drummed drill cuttings on -site until they can be characterized for disposal. e. Provide an estimate of axial pile capacity for the existing trestle piles and estimates on how modifications to ground surface around piles could impact the existing trestle piles. f. Provide a preliminary assessment of stormwater infiltration feasibility. Our assessment will be based on sieve analysis of soils collected in our explorations and our experience with pilot infiltration tests in similar soils. g. Provide geotechnical recommendations to support 30% design of the trail crossing and other envisioned improvements including: earth pressures for design of retaining walls, soil nail feasibility and preliminary design recommendations, foundation support alternatives and earth worth considerations. h. Prepare draft and final geotechnical reports that include the developed recommendations, the summary boring log, and engineering figures, as appropriate. 2.71 Environmental Soil Evaluation and Reporting: For purposes of evaluating environmental implications (soil and treated wood elements management requirements and recommendations) to support 30% design. a. Perform a field visit to collect representative composite soil samples of the bermed soil to be removed for off -site disposal as a part of the project. The volume of soil to be removed is assumed to be between approximately 100 and 200 cubic yards, and that three soil samples will be sufficient to characterize the material. Soil samples will be collected using hand methods (hand -auger, shovel, or similar). Prior to soil 4 EXHIBIT A (Continued) sampling a utility locate will be performed. It is assumed that the utility locate for this effort will be completed concurrently with the locate described in the geotechnical scope of work above. b. b. Submit three soil samples for chemical analysis of total petroleum hydrocarbons, polycyclic aromatic hydrocarbons, and resource conservation and recovery act (RCRA) eight metals to a Washington State -accredited laboratory on a standard turnaround time. c. c. Evaluate soil sample chemical analytical results relative to Model Toxics Control Act (MTCA) cleanup levels and disposal facility criteria. d. d. Evaluate potential off -site disposal options for treated wood elements to be potentially removed as a part of the project. e. e. Provide environmental recommendations to support 30% design including: soil handling and management recommendations such as appropriate off -site disposal facilities and additional testing required (if any) for profiling and disposal of soil and treated wood elements to be removed as a part of the project. f. f. Prepare a draft and final environmental materials management memo that includes the developed recommendations for soil and treated wood element management requirements, soil chemical analytical results (tabulated and laboratory report), and a site plan showing soil sample locations. 2.8 Trail Alignment and Trailhead Improvements Evaluation: Identify and illustrate a preferred trail alignment, trailhead improvements, and extent of retaining wall. The purpose of this conceptual level graphic is to combine in one comprehensive (plan and section) graphic the elements required for this crossing, based on data provided in Task 2 evaluations and recommendations as noted above. This will serve as the concept plan for approval and reference moving forward into 30% design. Assumptions: • The City of Kent will facilitate obtaining right -of -entry (ROE) to the UPRR right of way. • Low strain dynamic testing will be attempted for up to two days onsite. • Geotechnical boring can be completed in one day onsite. • Soil contamination will not be encountered in the exploration. Soil cuttings can be removed from the site at the time of drilling. • Environmental soil sampling can be completed in one day onsite. • Treated wood elements to be disposed as a part of the project will not require analytical testing. • Infiltration may not be a feasible approach for this project however sieve analysis will be performed to determine potential. If soils, through sieve analysis, indicate potential for infiltration, stormwater facility recommendations will be made as part of Task 4.5. Additional tests, such as PITs will be addressed in subsequent design phases and/or combined with the larger project. If there is limited potential for infiltration storm water design will be shown as piped conveyance to the system in City streets. Conveyance downstream of project is assumed to have adequate capacity and stormwater from project will gravity discharge directly to Green River without detention. Water Quality treatment will not be required for the project. EXHIBIT A (Continued) • All technical memoranda, reports, and graphics will be provided in draft form to the City. Review comments from one City review will be incorporated into documents prior to City submitting to UPRR for their review and comment. Review comments from one UPRR review will be incorporated into final memoranda, reports, and graphics. • Reports may be expanded at a later date for purposes of submitting with permit application documentation but expanded effort is not included in this contract. • The ROE and/or permissions for the Geotechnical Evaluation and Reporting task can be used for the Trestle Structural Evaluation and Reporting task. No separate ROE and/or permissions will be required. • The Structural Evaluation will be limited to a visual inspection of the structure to confirm design assumptions and as -built dimensions. Structural demands and capacities of the existing trestle will not be provided. • City will coordinate with UPRR to acquire all information on the existing trestle including: as -built plans, repair plans, inspection reports and any other relevant information to the structure. Deliverables: • Base Survey • Draft and Final Trestle Structural Evaluation Report • Draft and Final Utility Impacts Technical Memo • Draft and Final Storm Drainage Technical Memo • Draft and Final Geotechnical Report • Draft and Final Environmental Materials Management Memo • Draft and Final Trail Alignment and Trailhead Improvements Plan graphics; including sections. TASK 3: REVIEW/COLLABORATIVE MEETINGS 3.1 Internal Team Meetings: Coordinate with team members on a regular basis to resolve design and engineering issues and prepare for Coordination Meetings as noted below. 3.2 Coordination Meetings: Meet with the City and their assigns to collaborate and discuss and/or present project issues, schedule, progress, and general coordination of effort. City check -in meetings will be held virtually throughout the process on an approximate once - monthly (at a minimum) basis. Assumptions: Meeting attendance is to the extent indicated in the fee proposal. Deliverables: • Meeting Notes for Coordination Meetings; City check -in meeting notes will not be distributed. TASK 4: 30% SCHEMATIC DESIGN 4.1 Demolition Schematic Plan: Site plan showing limit of work and scope of sitework demolition. EXHIBIT A (Continued) 4.2 TESC Notes and Selected Details: TESC showing standard notes and details. 4.3 Site Layout Schematic Plan: Site plan showing overall project layout and information typically required in permit site plan (for purposes of early discussion in preapplication meeting). 4.4 Utility Relocation Schematic Plan: Site plan showing conceptual relocation plans for any domestic water, sanitary sewer, communication, fiber optics, natural gas, or other utilities. 4.5 Storm Drainage Schematic Plan and Selected Details: Site plan and standard details for stormwater facility design. 4.6 Not used. 4.7 Trestle Improvement Schematic Plan and Selected Details: Plans and details showing any necessary revisions/improvements to the trestle that are required as a result of excavation and wall construction. 4.8 Structural Wall Schematic Layout Plan, Elevation, and Sections: Site plans, elevation, and sections showing wall construction beneath, and extending beyond, trestle as required. 4.9 Trail Alignment Schematic Plan and Sections: Site plan and sections showing trail alignment, cross sections extending to make connection with other non -motorized facilities; include at a conceptual level directional signage, striping, barricades, and protective fencing. 4.10 Trailhead Improvement Schematic Plan and Selected Details: Site plan and details showing trailhead improvements that may include, but not be limited to, reconfigured or restored parking, ADA compliant parking and access, curbing or barriers, secondary trail connections to regional trails, fencing, benches, trash receptacles, and signage. 4.11 Planning Level Cost Estimate: Develop planning level cost estimates for the project to the limits indicated in the project description. 4.12 Review/approval: Meet with City to review 30% submittal. Provide response to comments from City. Assumptions: • Plans, sections, details, and planning level cost estimate will be provided in draft 30% format to the City. Review comments from one City review will be incorporated into plan set prior to City submitting to UPRR for their review and comment. Review comments from one UPRR review will be incorporated into future phases and not included in this contract. • Coordination with utility companies to accommodate trestle revisions and trail / trailhead improvements will be addressed in subsequent design phases. • Consultant shall provide written responses to review comments that will explain how comments or changes will be addressed in a future phase. There will be no resubmittal of the 30% documents. Deliverables: • Demolition Schematic Plan • TESC Notes and Selected Details • Site Layout Schematic Plan • Utility Relocation Schematic Plan • Storm Drainage Schematic Plan and Selected Details • Trestle Protection Schematic Plan EXHIBIT A (Continued) • Trestle Improvement Schematic Plan and Selected Details • Structural Wall Schematic Layout Plan, Elevation, and Sections • Trail Alignment Schematic Plan and Sections • Trailhead Improvement Schematic Plan and Selected Details • Planning Level Cost Estimate • Response to comments TASK 5: PERMIT REVIEW 5.1 Preliminary Permit Application Review Meeting: Prepare for and attend one meeting with City staff to discuss and resolve required local permits required for the work defined in this scope. Provide meeting notes. 5.2 Related Permit Research and Reporting: Identify in matrix form the full range of permits and estimated timeline for review/approval for the work defined in this scope. 5.3 Contingency Permit Application: Allowance for preparation or reformat of material as required for permit application submittal to City, UPRR, or others. Assumptions: • Level of effort for Permit Review is to the extent indicated in the fee proposal. • Contingency Permit Application is only to be performed with written direction from the City. Deliverables: • Meeting Notes • Permit Matrix • Other as approved by City L;1 u (0 E E co WIA 0 0 0 0 0 O O Co 0 0 0 0 0 O O Co CO Ln N Ln 6 O O O O N N u v o00 ccl CD � O N Lf) 't Lf) Co M O C N CT CD O CD O CD O CD O CD O CD O O (6 c COD O O m 06 O 0) U U Ln — It CD co M U C'6 N N C N C W p O N O j N O O O O O O CO ti O O ti U C N CO I� M O O 11 7 'C CD Cl M Cl W a N M ~ N 06 " co Y co m U _0 N O O O O O O O O O O O O O O O O O'O L O a CD LO CD LO CD LO O O C � It O N- (00 OM N J 1 M d c a @ U ate+ O � Q � H U) Q X 0) W C a U � a _ fN 2 W U -0 c � o W — N is z f° c N W W a) 0 � c ° Q E Q o z a)-0 0)O U E N J W m —_ U \ N - (D g E a O U C/) cCcu Q > 0 c > d 0 W coo W N H a CN CO 't LO v 0 0 EXHIBIT A (Continued) Milwaukee II Levee and Green River Trail Improvements MacLeod Reckord Fee Proposal January 27, 2022 MacLeod Reckord PC PM PD DR AD SUBTOTAL Task SCOPE OF WORK $210.00 $160.00 $125.00 $125.00 $125.00 1.0 TASK 1 - Project Management 1.1 Coordination and Review 4 $640 1.2 Document Management 2 4 $820 1.3 Subconsultant Management 4 4 $1,480 1.4 Quality Assurance / Quality Control 8 $1,680 1.5 Invoicing, Progress Reporting 2 4 $820 Subtotal: 12 12 0 4 4 $5,440 2.0 TASK 2 - Data Collection, Analysis / Evaluation, and Ma D p in 2.1 Data Research and Assembly 1 4 $850 2.2 Survey 2 6 $1,070 2.3 Site Reconnaissance 3 6 $1,590 2.4 Trestle Structural Evaluation and Reporting 2 3 $900 2.5 Storm Drainage Analysis and Utility Impacts Evaluation 1 2 $530 2.6 Not Used $0 2.7 Geotechnical Evaluating and Reporting 4 8 $2,120 2.8 Trail Alignment and Trailhead Improvements Evaluation 4 24 24 $7,680 Subtotal: 15 49 0 30 0 $14,740 3.0 TASK 3 - Review / Collaborative Meetings 3.1 Internal Team Meetings 6 8 $2,540 3.2. Coordination Meetings 6 8 $2,540 Subtotal: 12 16 0 0 0 $5,080 4.0 TASK 4 - 30% Schematic Design 4.1 Demolition Schematic Plan 1 2 1 $655 4.2 TESC Notes and Selected Details 1 $160 4.3 Site Layout Schematic Plan 2 8 8 $2,700 4.4 Utility Relocation Schematic Plan 1 1 $370 4.5 Storm Drainage Schematic Plan and Selected Details 1 2 $530 4.6 Not Used $0 4.7 Trestle Improvement Schematic Plan 1 2 $530 4.8 Structural Wall Schematic Layout Plan, Elevation, and Sections 1 2 $530 4.9 Trail Alignment Schematic Plan and Sections 4 8 8 $3,120 4.10 Trailhead Improvement Schematic Plan and Selected 6 16 30 $7,570 4.11 Planning Level Cost Estimate 4 8 4 $2,620 4.12 Review / Approval - ind assembly of full set 2 8 4 2 $2,450 Subtotal: 23 58 0 55 2 $21,235 5.0 TASK 5 - Review Meeting 5.1 Preliminary Permit Application Review Meeting 2 4 $1,060 5.2 Related Permit Research and Reporting 4 8 $2,120 5.3 Contingency Permit Application 4 4 4 $1,980 Subtotal: 10 16 0 4 0 $5,160 Subtotall 72 151 0 93 1 6 $51,655 Direct Expenses: 1 $300 SUBTOTALA $51,955 Page 2 of EXHIBIT A (Continued) Milwaukee II Levee and Green River Trail Improvements KPFF Consulting Engineers January 24, 2022 FIRM NAME PIC PM SR Civ En r SR Br Civ Engr Br Engr Civ Engr CADD Br CADD Admin SUBTOTAL Task SCOPE OF WORK $217.50 1 $203.00 1 $145.00 $152.00 $110.00 $110.00 $122.00 $125.00 $72.50 1.0 TASK 1 - Project Management 1.1 Coordination and Review $0 1.2 Document Management $0 1.3 Subconsultant Management $0 1.4 Quality Assurance / Quality Control 8 $1,740 1.5 Invoicing, Progress Reporting 6 12 $2,088 Subtotal: 8 6 0 0 0 0 0 0 12 $3,828 2.0 TASK 2 - Data Collection, Analysis / Evaluation, and Mapping 2.1 Data Research and Assembly $0 2.2 Survey $0 2.3 Site Reconnaissance $0 2.4 Trestle Structural Evaluation and Reporting 4 8 16 $3,788 2.5 Storm Drainage Analysis and Utility Impacts Evaluation 6 14 32 8 6 $8,179 2.6 lNot used $0 2.7 Geotechnical Evaluating and Reporting $0 2.8 Trail Alignment and Trailhead Improvements Evaluation $0 Subtotal: 0 1 10 14 8 32 16 8 0 6 $11,967 3.0 TASK 3 - Review / Collaborative Meetings 3.1 Internal Team Meetings 6 12 12 $4,782 3.2. Coordination Meetings 4 6 1 6 $2,594 Subtotal 0 1 10 1 18 1 18 1 0 1 0 1 0 1 0 1 0 1 $7,376 4.0 TASK 4 - 30% Schematic Design 4.1 Demolition Schematic Plan 1 2 2 4 4 6 $2,409 4.2 TESC Notes and Selected Details 2 4 8 8 $2,842 4.3 Site Layout Schematic Plan $0 4.4 Utility Relocation Schematic Plan 1 4 8 $1,759 4.5 Storm Drainage Schematic Plan and Selected Details 1 6 8 10 $3,173 4.6 Not used $0 4.7 Trestle Improvement Schematic Plan 2 6 8 10 $3,448 4.8 Structural Wall Schematic Layout Plan, Elevation, and Sections 4 16 20 20 $7,944 4.9 Trail Alignment Schematic Plan and Sections $0 4.10 Trailhead Improvement Schematic Plan and Selected $0 4.11 Planning Level Cost Estimate 1 2 4 4 8 $2,421 4.12 Review / Approval 1 1 1 2 2 $940 Subtotal: 0 13 19 29 26 42 32 30 0 $24,936 5.0 ITASK 5 - Review Meeting Subtotal: 0 0 0 0 0 0 1 0 0 0 $0 Subtotall 8 39 51 1 55 1 58 1 58 1 40 1 30 18 $48,107 Direct Expenses: $0 SUBTOTAL: $48,107 Page 3 of EXHIBIT A (Continued) Milwaukee II Levee and Green River Trail Improvements GeoEngineers, Inc. January 27, 2022 GeoEn ineers Associate Senior Engineer Staff 3 Engineer CAD Designer Administrato r SUBTOTAL Task SCOPE OF WORK $260.00 $221.00 $173.00 1 $135.00 $120.00 1.0 TASK 1 - Project Management Subtotal: 0 1 0 1 0 1 0 1 0 11 $0 2.0 TASK 2 - Data Collection, Analysis / Evaluation, and Ma in 2.1 Data Research and Assembly $0 2.2 Survey $0 2.3 Site Reconnaissance $0 2.4 Trestle Structural Evaluation and Reporting $0 2.5 Utility Impacts Evaluation $0 2.6 Storm Drainage Analysis and Reporting $0 2.7 Geotechnical Evaluating and Reporting 8 32 50 4 8 $19,302 2.71 Environmental Services 2 15 12 1 2 $6,286 2.8 Trail Alignment and Trailhead Improvements Evaluation $0 Subtotal: 10 47 62 5 10 $25,588 3.0 TASK 3 - Review / Collaborative Meetings 3.1 Internal Team Meetings 2 4 $1,404 3.2. Coordination Meetings 1 2 $702 Subtotal: 3 6 0 0 0 $2,106 4.0 TASK 4 - 30% Schematic Design 4.1 Demolition Schematic Plan $0 4.2 TESC Notes and Selected Details $0 4.3 Site Layout Schematic Plan $0 4.4 Utility Relocation Schematic Plan $0 4.5 Storm Drainage Schematic Plan and Selected Details $0 4.6 Trestle Protection Schematic Plan $0 4.7 Trestle Improvement Schematic Plan $0 4.8 Structural Wall Schematic Layout Plan, Elevation, and Sections $0 4.9 Trail Alignment Schematic Plan and Sections $0 4.10 Trailhead Improvement Schematic Plan and Selected Details $0 4.11 Planning Level Cost Estimate $0 4.12 Review / Approval 2 4 $1,404 Subtotal: 2 4 0 1 0 0 $1,404 5.0 TASK 5 - Review Meeting Subtotal 0 0 1 0 1 0 1 0 $0 Subtotall 15 57 1 62 1 5 1 10 $29,098 Direct Expenses: $14,300 SUBTOTAL: $43,398 Reimbursable Expenses Item Fee Private Utility Locate Services $ 400.00 Geotechnical Drilling Services $ 5,500.00 Low Strain Dynamic Testing Services $ 5,000.00 Geotechnical Laboratory Testing and Field Equipment $ 1,700.00 Environmental Laboratory Testing and Field Equipment $ 1,700.00 $ - Total Reimbursable ExpensesExpensesi $ 14,300.00 Page 4 of EXHIBIT B INSURANCE REQU I REMENTS 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: 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 2,000,000 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 A: VI I. 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. EXH I B I T 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. DATE Ac Roman`" CERTIFICATE OF LIABILITY INSURANCE 0211 1202 YYYj ozrl s2a2z THIS CERTIFICATE 1S 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 INSURERS), 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 rights to the certificate holder in lieu of such endorsements). PRODUCER Westphal Insurance Agency CONTACT 2820 Oakes Ave Ste RPHONE 425-330-1148 EAX 888-265-5038 Everett WA 98201 (All,Ne : E-MAIL lennw-ins.com INSURED Macleod-Reckord, PLLC 110 Prefontaine PL. S. Ste 600 Seattle WA 98104 INSURER D INSURER £ INSURER F : Mid iiir.T.I►►11l1rN•rI=gIIIIT] 1:11:: aA■►tyr.1a■.luIT, 1:121 �Y1087 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_ ID CLAIMS. PAPOLiCYEXP ISRTYPE OF INSURANCE LTR APOL SUHRI POLICY NUMBER MM DOY EFF (MMIODfYYYYI LIMITS ✓ COMMERCIAL GENERAL LIABILITY ✓ EACH OCCURRENCE $ 2,000,000 ✓� ED TO cicurrence) PR M 500,000 CLAIMS -MADE OCCUR SES (F oGE S A MED EXP (Any one person) $ 5,000 606296699 9/01/2021 W0112022 PERSONAL &ADV INJURY _ $2+DOO,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ✓ POLICY ❑ JERCOT° LOG PRODUCTS - COMPIOP AGG .......-m_�.. s 2,000,000 $ OTHER: AUTOMOBILE LIABILITY r/ COMBINED.SINGLE LIMIT {Ea accidenf� s2,000,000 _� $ ANY AUTO I BODILY INJURY (Per person) A OWNED ✓ SCHEDULED 606296699 09/01/2021 09/0112022 BODILY INJURY{Peracciderd) $ AUTOS ONLY AUTOS $ HIRED NON -OWNED ✓ II I PROPERTY DAfu}AGE AUTOS ONLY AUTOS ONLY ,,.{Per acP09Ptj, UMBRELLA LIA8 OCCUR I EACH OCCURRENCE $ $ EXCESS LIAR CLAIMS -MADE AGGREGATE DED REIENTIONS $ WORKEIRS C0MPENSATION PER OTH- STATUTE ✓ Eft Stop Gap AND EMPLOYERS'LIABILITY prN ANYPROPRIETORIPARTNERIEXECUTIVE El EACH ACCIDENT 1,000,000 µ ❑ NIA $ pFFIGEtoryin ERExCLUOEa? A )Mandatary in NH} 606296699 112021 09/0112022 EL. DISEASE - EA EMPLOY 1,000 000 $ � IF yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT _ 1 aaa,aaa $ + EACH OCCURANCE $2,000,000 B Professional Liability AGGREGATE 0 0 PL5EO007755211 08/30/2021 08/30/2022 Retro Active Date $2,000,000 0810111968 0 DESCRIPTION OF OPERATIONS I LOCATIONS + VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space is required) Project: Milwaukee II Green River Trail Alignment City of Kent is named as additional insured on the policy. Insurance 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 of Kent. City of Kent 220 Fourth Ave. S Kent, WA 98032 Attn: Bryan Higgins bhiggins@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE Laressa Bernhardsen © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Produced using Forms 13oss Web software. w -Form sSo s. co m: '? Impressive Publishing 899-208-1977 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. tch 1W cm FARMERS E3306 INSURANCE 1st Edition WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 02/16/2022 606296699 Effective Date Policy Number This endorsement modifies insurance provided underthefollowing: BUS INESSOWNERSCOMMON POI-ICYCONDITIONS-BP0009 SCHEDULE Name of Person or Organization: CITY OF KENT PARK PLANNING DEVELOPMENT (if no entry appears above, information required to complete this Endorsement must be shown in the Declarations as applicableto this endorsement.) The provisions of the Businessowners Common Policy Conditions are modified by this endorsement as follows: Condition K. Transfer Of Rights Of Recovery Against Others To Us in the Businessowners Common Policy Conditions is amended by the addition of the following: 3. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your work done under a contract with that person ororganization and included in the products -completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. E3306-ED1 6-97 Includes Copyrighted Material of Insurance Services Office, Inc., with its permission, Page 1 of 1 91-3306 E3306101 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: 606296699 FARMERS INSURANCE ADDITIONAL INSURED - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS 16840 2nd Edition With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name Of Additional InsuredPerson(s) CITY OF KENT PARK PLANNING DEVELOPMENT Or Organization(s): Location Of Covered Operation(s): All WA Locations Effective Date Of Endorsement: 02/16/2022 If no entry appears above, information required to complete this endorsement will be shown in the Declarations. The BUSINESSOWNERS LIABILITY COVERAGE FORM is amended as follows: A. With respect to the additional insured described in Paragraph B. of this endorsement, the following exclusions are added to Paragraph 1. Applicable To Business Liability Coverage under Section B. Exclusions: This insurance does not apply to: 1. "Bodily injury" or "property damage" for which the additional insured(s) is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. 2. "Bodily injury" or "property damage" occurring after: a. Your ongoing operations at the location of covered operations other than service maintenance or repairs performed by you or on your behalf have been completed; or b. The portion of your ongoing operation out of which the "bodily injury" or "property damage" arises has been put to its intended use by any person or organization. But in no event shall this insurance applyto "bodily injury" or "property damage" arising out of youroperations that were completed prior to the effective date of this endorsement. 3. "Bodily injury" or "property damage" arising out of any act or omission of the additional insured(s) or any of its "employees", agents or contractors other than you, except for general supervision by the additional insured(s) of yourongoing operations performed forthat additional insured. 4. "Property damage" to: a. Property owned, used or occupied by or rented to the additional insured(s); b. Property in the care custody or control of the additional insured(s) or over which the additional insured(s) exercise physical control; or c. Any work including materials, parts or equipment furnished in connection with such work which is performed for the additional insured by you. J6840-ED2 09-18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 93-6840 J6840201 B. Section C. Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only to the extent that the additional insured(s) is held liable for "bodily injury" or "property damage" caused in whole or in part by: 1. Your ongoing operations performed for such person or organization at the location designated above; 2. The acts or omissions of your subcontractors acting on "your" behalf on the scheduled project in the performance of your ongoing operations for the additional insured(s) which start and are completed within the effective period of this endorsement; or 3. The acts or omissions of such additional insured(s) in connection with its general supervision of such operations. C. With respect to this endorsement, "wrap up policy" means an Owner or Contractor Controlled Insurance Program providing one or a series of policies designed to cover a specific construction project that insures all of the persons and entities working on such project. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended asfollows: A. With respect to the additional insured described in Paragraph B. of this endorsement, Section H. Other Insurance is replaced by the following: H. Otherinsurance 1. Primary and Noncontributory Insurance The coverage provided to an additional insured under this endorsement shall be primary and noncontributory ONLYto any insurance issued directlyto the additional insured if: a. The Named Insured agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis; b. Such written contractor written agreement referenced in a. above was executed prior to the issuance of this endorsement; c. The additional insured designated herein has a policy with an Other Insurance provision making that policy excess; and d. There is no "wrap up policy" in effect for the work performed at the location designated in the Schedule of this endorsement. 2. Excess Insurance If there is other valid and collectable insurance available to the additional insured(s) as an additional insured under other policies covering the work performed at the location designated and described in the schedule of this endorsement, this insurance will be excess over those policies. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. j6840-ED2 09-18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 93-6840 J6840202 2/16/22, 1:59 PM MACLEOD RECKORD PLLC r nr r�` STAII OP WAS"INCTON Department of Labor & Industries Certificate of Workers' Compensation Coverage WA UBI No. L&I Account ID Legal Business Name Doing Business As Workers' Comp Premium Status: Estimated Workers Reported (See Description Below) Account Representative Licensed Contractor? February 16, 2022 602 870 639 354,845-01 MACLEOD RECKORD PLLC MACLEOD RECKORD PLLC Account is current. Quarter 4 of Year 2021 "4 to 6 Workers" Employer Services Help Line, (360) 902-4817 No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 5 1. 12.050 and 5 1. 16.1 90). https://secure.Ini.wa.gov/verify/Details/liabilityCertificate.aspx?U BI=602870639&LI C=&VIO=&SAW=false&ACCT=35484501 1 /1 Signature: ry��g ��Tan (Mar 7:17 PDT) Email: tjungman@kentwa.gov Signature: A-6ZZ C - Email: rlashley@kent�/wa.gov Signature: A- ��� Brian Levenhagen (Mar 22, 202213:09 PDT) Email: bjlevenhagen@kentwa.gov E-TRANSMITTAL: GIRT Alignment Design Ag mt. Final Audit Report 2022-03-22 Created: 2022-03-21 By: Lynn Osborn (losborn@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAjMpQgifielX1mbcejTDV-ii3rw29T5td "E-TRANSMITTAL: GIRT Alignment Design Agmt." History Document created by Lynn Osborn (losborn@kentwa.gov) 2022-03-21 - 8:39:38 PM GMT- IP address: 146.129.252.126 ' Document emailed to Terry Jungman (tjungman@kentwa.gov) for signature 2022-03-21 - 8:42:03 PM GMT Email viewed by Terry Jungman (tjungman@kentwa.gov) 2022-03-22 - 0:16:55 AM GMT- IP address: 73.118.200.115 'a Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date: 2022-03-22 - 0:17:34 AM GMT - Time Source: server- IP address: 73.118.200.115 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-03-22 - 0:17:36 AM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-03-22 - 6:51:23 PM GMT- IP address: 146.129.252.126 v Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-03-22 - 8:06:56 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2022-03-22 - 8:06:58 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2022-03-22 - 8:09:10 PM GMT- IP address: 146.129.252.126 ra Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2022-03-22 - 8:09:54 PM GMT - Time Source: server- IP address: 146.129.252.126 Adobe Sign h`-. Document emailed to Connie Reckord (connier@macleodreckord.com) for signature 2022-03-22 - 8:09:56 PM GMT n Email viewed by Connie Reckord (con nier@macleodreckord.com) 2022-03-22 - 8:26:55 PM GMT- IP address: 66.171.181.237 00 Document e-signed by Connie Reckord (connier@macleodreckord.com) Signature Date: 2022-03-22 - 8:30:01 PM GMT - Time Source: server- IP address: 66.171.181.237 Q Agreement completed. 2022-03-22 - 8:30:01 PM GMT a Adobe Sign