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City Council Committees - Parks and Human Services Committee - 04/07/2022 (2)
4^* Parks and Human Services • Committee KEN T Thursday, April 7, 2022 WASH I NGTON 4:0 0 PM Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 838 1479 4289, Passcode 929221 Chair Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 2. Roll Call Chair 3. Agenda Approval Chair 4. Business YES Chair 01 MIN. A. Approval of Minutes YES i. Approval of March 3, YES Chair 05 MIN. 2022 Minutes B. S. 224th Phase III Project - NO Mark Madfai 05 MIN. Garrison Creek Park Impacts and De-minimus determination C. Resolutions for Grant YES Terry Jungman 05 MIN. Applications #22-1362, #22-1372, #22-1478 and #22-1479 to the Recreation and Conservation Office for the Mendel property acquisition, Springwood Unless otherwise noted, the Parks and Human Services Committee meets at 4 p.m. on the first Thursday of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Ron Lashley at 253-856-5101, or email RLashley@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Parks and Human Services Committee CC Parks April 7, 2022 Regular Meeting Park Renovation and the Ruth property acquisition D. Agreement with Berger YES Terry Jungman 05 MIN. Partnership PS for Springwood Park Renovation Design and Construction Administration E. Agreement with EarthCorps YES Terry Jungman 05 MIN. for Mill Creek Canyon Trail Repair 5. Adjournment Chair 4.A.1 Pending Approval Parks and Human Services KENT Committee W-...... CC Parks Regular Meeting Minutes March 3, 2022 Date: March 3, 2022 Time: 4:00 p.m. Place: Chambers Members: Zandria Michaud, Chair Satwinder Kaur, Councilmember Toni Troutner, Councilmember Agenda: 4- 0 1. Call to Order 4:00 p.m. 0 2. Roll Call a Q Attendee Name Title Status Arrived Zandria Michaud Chair Present _ a 0 Satwinder Kaur Councilmember _Present _ Toni Troutner Councilmember Present N 0 N 3. Agenda Approval M L- cu Agenda approved with minor change of Item 5 under Business. Terry a Jungman will be presenting instead of Bryan Higgins. 0 4. Approval of Minutes c 1. Approval of Minutes dated February 3, 2022 2 MOTION: Move to approve the Minutes dated February 3, 2022 c RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember Q AYES: Michaud, Kaur, Troutner c 5. Business 1. 2022-2026 City Art Plan - Adopt MOTION: I move to adopt the 2022-2026 City Art Plan. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 3 Packet Pg. 3 4.A.1 Parks and Human Services Committee CC Parks March 3, 2022 Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/15/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Michaud, Kaur, Troutner 2. 2022 Summer Experience and Enrichment for Kids Grant Agreement - Authorize MOTION: I move to authorize the Mayor to sign a grant agreement with the Association of Washington Cities in the amount of $246,889, to support summer outdoor education and recreation opportunities for underserved school age participants, and to amend the budget 4- and authorize expenditure of the funds, subject to final agreement terms acceptable to the Parks Director and City Attorney. o L Q RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/15/2022 Q 7:00 PM 2 MOVER: Toni Troutner, Councilmember a 0 SECONDER: Satwinder Kaur, Councilmember v AYES: Michaud, Kaur, Troutner N 0 3. Agreement with Site Workshop for East Hill North Community Park N M Master Plan - Authorize MOTION: I move to authorize the Mayor to sign a Consultant Services Agreement with Site Workshop, LLC in the amount of $449,200, for c the master plan and development design services for the East Hill North Community Park project, subject to final terms and conditions acceptable to the Parks Director and City Attorney. ai RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/15/2022 a 7:00 PM MOVER: Satwinder Kaur, Councilmember Q SECONDER: Toni Troutner, Councilmember r AYES: Michaud, Kaur, Troutner 4. Agreement with MacLeod Reckord for Green River Trail Preliminary Design at Milwaukee II Levee Project - Authorize MOTION: I move to authorize the Mayor to sign a Consultant Services Agreement with MacLeod Reckord, PLLC in the amount of $143,460, for preliminary design services related to the alignment of the Green River Trail with the Milwaukee II Levee project, subject to final terms and conditions acceptable to the Parks Director and City Attorney. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 3 Packet Pg. 4 4.A.1 Parks and Human Services Committee CC Parks March 3, 2022 Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/15/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Michaud, Kaur, Troutner 5. Agreement with Mithun for Mill Creek Canyon Master Plan - Authorize MOTION: I move to authorize the Mayor to sign a Consultant Services Agreement with Mithun, Inc. in the amount of $324,996, for planning and design services related to development of a master plan for Mill Creek Canyon and Earthworks Park, subject to final terms and conditions acceptable to the Parks Director and City Attorney. — RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/15/2022 0 7:00 PM a MOVER: Satwinder Kaur, Councilmember Q SECONDER: Toni Troutner, Councilmember a AYES: Michaud, Kaur, Troutner c v 6. King County Conservation Futures Tax New Interlocal Agreement and N Request of Funds for Mendel Property Acquisition - Authorize N MOTION: I move to authorize the Mayor to sign all documents and M take all action necessary to accept grant funds in the amount of M $475,000 from the King County Conservation Futures Fund for the — Mendel Property acquisition, amend the budget, and authorize expenditure of the funds, subject to terms and conditions acceptable ; to the Parks Director and City Attorney. a� RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/15/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember N AYES: Michaud, Kaur, Troutner c 6. Adjournment 4:38 p.m. 2avu�,lcL La��,le�y Committee Secretary ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 3 Packet Pg. 5 4.6 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5100 DATE: April 7, 2022 TO: Parks and Human Services Committee FROM: Public Works SUBJECT: S. 224th Phase III Project - Garrison Creek Park Impacts and De-minimus determination SUMMARY: The City is planning improvements along the S.224th St. corridor between 94th Pl. S. and 99th Ave. S to extend the improvements completed as part of phases I and II (the 'Project"). The Project consists of widening the existing street cross-section to three lanes, adding shoulders, planter strips, a concrete sidewalk, lighting, and channelization. Garrison Creek Park is located within the Project limits. The Project will include a new sidewalk and planter strip on S.218th St. at the north end of the park where no sidewalk currently exists. A portion of the new sidewalk and planter strip will need to be installed a few feet beyond the right-of-way limits and on the Garrison Creek Park parcel. Because the Project is federally funded, it requires federal environmental documentation. Part of the documentation required is a letter from the City confirming that the Project will only have a "de minimis" impact on the Park, meaning that the Project will not adversely affect the activities, features, or attributes of the park. Federal law also requires that the City hold a Public Hearing about the Project and its minimal impacts to the Park. This Public Hearing will be held on April 19th at the regularly scheduled City Council meeting. After this Public Hearing, Council will be asked to adopt a resolution with its determination that the Project's impact on Garrison Creek Park is "de minimus" and to authorize any other necessary actions to meet the federal environmental requirements. According to Parks staff, adding the new sidewalk and planter strip will enhance the community connection to the Park and provide a safe environment for the community. The Project will not adversely affect any activities, features, or attributes of the park. SUPPORTS STRATEGIC PLAN GOAL: Packet Pg. 6 4.6 Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 7 4.0 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5100 DATE: April 7, 2022 TO: Parks and Human Services Committee SUBJECT: Resolutions for Grant Applications #22-1362, #22-1372, #22-1478 and #22-1479 to the Recreation and Conservation Office for the Mendel property acquisition, Springwood Park Renovation and the Ruth property acquisition MOTION: I move to recommend Council adopt the resolutions authorizing the submittal of grant applications #22-1362, #22-1372, #22-1478 and #22-1479 to the Recreation and Conservation Office, to assist in funding the acquisition of the Mendel property at Upper Mill Creek Canyon, the renovation of Springwood Park and the acquisition of the Ruth property at Clark Lake. SUMMARY: Each grant cycle (every other year), staff pursues funding for park development and/or acquisition of property through the Washington Recreation and Conservation Office (RCO). Staff is requesting authorization to submit four grant applications to the RCO for reimbursement for the acquisition of the Mendel property at the south end of Mill Creek Canyon, the Ruth property at Clark Lake, and the renovation of Springwood Park. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Resolutions for grant applications (PDF) Packet Pg. 8 4.C.a m V O c 0 :r it a� c RESOLUTION NO. c c 0 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the submission of applications for grant funding assistance through the Recreation and Conservation Office to assist with the cost of acquiring the Mendel o Property for Upper Mill Creek Canyon Park (Project #22-1362A), and (2) identifies the Parks Director o and Mayor, or their designees, as the City's authorized representatives for purposes of securing Q the grants and binding the City to the grants' terms Q and conditions. 'L^ V L 0 RECITALS n c 0 A. Under the provisions of the Local Parks Category of the 0 Washington Wildlife and Recreation Program, the City of Kent is seeking grant assistance through the state Recreation and Conservation Office to aid o the City in financing the cost to acquire the Mendel Property for Upper Mill Creek Canyon Park (Project #22-1362A). c B. The City of Kent considers it in the best public interest to a �a complete the project described in the application and to seek grant L assistance through the Recreation and Conservation Office to aid in financing L O the cost of this project. N c 0 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, o WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: r c as E 1 � Recreation & Conservation Office Grant— Mendel Property for Upper Mill Creek Canyon Q Packet Pg. 9 4.C.a RESOLUTION r_ 0 SECTION 1. - Intent to Apply. The City has applied for or intends to 0 r apply for funding assistance managed by the Washington State Recreation and Conservation Office ("RCO") to assist with the cost of acquiring the 0 Mendel Property for Upper Mill Creek Canyon Park (Project #22-1362A) ("Project"). � _ 0 r SECTION 2. - Authorized Representative. The City authorizes the a� following persons, or subsequent holders of the positions identified below, to a� execute the following documents binding the City of Kent on the above o 0 Project: 0 DocumentName of Signatory or Title of Person Grant Authorizedc� Grant application (submission thereof) Bryan Higgins, a Parks Facilities Planning & Development Coordinator Q Project contact (day-to-day Bryan Higgins, administering of the grant and Parks Facilities Planning & Development Coordinator i4 communicating with RCO) 0 L RCO Grant Agreement (Agreement) Dana Ralph, Mayor ,o Agreement amendments Dana Ralph, Mayor Authorizing property and real estate Dana Ralph, Mayor o documents (Notice of Grant, Deed of Right or Assignment of Rights, if 6 applicable). These are items that are typically recorded on the property with King County. c r M The above persons are considered "authorized representatives/agents" for N _ purposes of the documents indicated. The City shall comply with a request ° w ° from RCO to provide documentation of persons who may be authorized to •2 a execute documents related to the grant. w _ cu L SECTION 3. - GrantAgreement. The City has reviewed the sample Grant `o 0 Agreement on RCO's website at: https://rco.wa.gov/wp- 0 content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and 0 acknowledges that if offered an agreement to sign in the future, it will contain r _ a� E 2 Recreation & Conservation Office Grant— .2 Mendel Property for Upper Mill Creek Canyon Q Packet Pg. 10 4.C.a an indemnification and legal venue stipulation and other terms and conditions a� substantially in the form contained in the sample agreement and that such terms 0 and conditions of any signed agreement shall be legally binding on the City if its c W representative/agent enters into an agreement on the City's behalf. RCO will M reserve the right to revise the agreement prior to execution. 0 U SECTION 4. - Lec7al Authoritx. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representatives/agents g 0 identified above have full legal authority to act and sign on behalf of the City for their assigned role/document. W a� 0 SECTION S. - Contingent Funding. Grant assistance is contingent on c a signed agreement. Entering into any agreement with RCO is purely 0 0 voluntary on the City's part. `2 .Q a Q SECTION 6. - Varying Policies and Requirements. The City L understands that grant policies and requirements vary depending on the 0 L 0 grant program applied to, the grant program and source of funding in the agreement, the characteristics of the project, and the characteristics of the City. LO SECTION 7, - Revisions to Agreement. The City further understands M that prior to its authorized representatives/agents executing any of the N documents listed above, RCO may make revisions to its sample agreement 0 and that such revisions could include the indemnification and the legal venue •Q a stipulations. The City accepts the legal obligation that it shall, prior to c execution of any agreement, confer with its authorized L representatives/agents as to any revisions to the project agreement from ,0 that of the sample agreement. The City also acknowledges and accepts that o if its authorized representatives/agents execute agreements with any such o a� r c a� E 3 Recreation & Conservation Office Grant— Mendel Property for Upper Mill Creek Canyon Q Packet Pg. 11 4.C.a revisions, all terms and conditions of the executed agreements shall be a� conclusively deemed to be executed with the City's authorization. 0 _ 0 SECTION 8. - Allowable Costs. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and y necessary to implement the project(s) referenced above. _ CU SECTION 9. -Matching Funds Availability. If match is required for the o grant, the City understands it must certify the availability of match at least L one month before funding approval. In addition, the City understands it is responsible for supporting all non-cash matching share commitments to the r 0 Project should they not materialize. _ 0 SECTION 10. - Reimbursement Basis. The City acknowledges that if it receives grant funds managed by RCO, RCO will pay the City on only a a reimbursement basis. The City understands reimbursement basis means that L the City will only request payment from RCO after the City incurs grant 0 L 0 eligible and allowable costs and pays them. RCO may also determine an N r_ amount of retainage and hold that amount until all project deliverables, grant ° reports, or other responsibilities are complete. Cn o: SECTION 11. - Property Dedication for Land Acquisitions. Project T M #22-1362A includes land acquisition for Upper Mill Creek Canyon Park. As a N c result, the City acknowledges that any property acquired with grant w° 0 assistance must be dedicated for purposes of the grant in perpetuity unless Q a otherwise agreed to in writing by the City and RCO. For that project, the City w CU agrees to dedicate the property in a signed "Deed of Right" for fee L acquisitions, or an "Assignment of Rights" for other than fee acquisitions, ,0 Cn which documents will be based upon RCO's standard versions of those o documents, to be recorded on the title of the property with the county o Cn auditor. The City acknowledges that any property acquired in fee title must W r _ a� E 4 Recreation & Conservation Office Grant— .2 Mendel Property for Upper Mill Creek Canyon Q Packet Pg. 12 4.C.a be immediately made available to the public unless otherwise provided for in a� policy, the agreement, or authorized in writing by the Office's Director. 0 r- 0 SECTION 12. - Resolution a Part of Application. This resolution is deemed to be part of the formal grant application to RCO. y c 0 U SECTION 13. - Certification. The City warrants and certifies that this = resolution was properly and lawfully adopted following the requirements of o the City and applicable laws and policies, and that the City has full legal L authority to commit itself to the warranties, certifications, promises and obligations set forth herein. r 0 r SECTION 14. - Effective Date and Approval. This resolution will take o effect immediately, and is signed and approved by the Mayor through a majority vote of the City Council for the City of Kent. A copy of this resolution a is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. ,L^ V L 0 DANA RALPH, MAYOR Date Approved o r 0 ATTEST: LO 0 r KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted c APPROVED AS TO FORM: .0 0 .Q a CU w ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY L a� P:\Cm l\Resolution\Drafts\RCO-Mendel Property for Upper MIII Creek Canyon#22-1362A.docx L 0 0 0 N� J.d E 5 Recreation & Conservation Office Grant— Mendel Property for Upper Mill Creek Canyon Q Packet Pg. 13 4.C.a m V O c 0 :r it a� c RESOLUTION NO. c c 0 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the submission of applications for grant funding assistance through the Recreation and Conservation Office to assist with development and construction of the renovation of Springwood Park (Project #22- 1372D), and (2) identifies the Parks Director and o Mayor, or their designees, as the City's authorized representatives for purposes of securing the grants Q and binding the City to the grants' terms and Q conditions. 'L^ V L 0 RECITALS n c 0 A. Under the provisions of the Local Parks Category of the 0 Washington Wildlife and Recreation Program, the City of Kent is seeking grant assistance through the state Recreation and Conservation Office to aid o the City in financing the cost to develop and construct the renovation for Springwood Park (Project #22-1372D). c B. The City of Kent considers it in the best public interest to a �a complete the project described in the application and to seek grant L assistance through the Recreation and Conservation Office to aid in financing L O the cost of this project. N c 0 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, o WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: r c as E 1 � Recreation & Conservation Office Grant— Springwood Park Renovation Q Packet Pg. 14 4.C.a RESOLUTION r_ 0 SECTION 1. - Intent to Apply. The City has applied for or intends to 0 r apply for funding assistance managed by the Washington State Recreation and Conservation Office ("RCO") for the development and construction of the 0 renovation of Springwood Park (Project #22-1372D) ("Project"). � 0 SECTION 2. - Authorized Representative. The City authorizes the g r following persons, or subsequent holders of the positions identified below, to execute the following documents binding the City of Kent on the above a� Project: r 0 F_qlFr Grant . . _ Authorized to Sign 0 Grant application (submission thereof) Bryan Higgins, Parks Facilities Planning &Development Coordinator `_' Project contact (day-to-day Bryan Higgins, a administering of the grant and Parks Facilities Planning & Development Coordinator Q communicating with RCO) c RCO Grant Agreement (Agreement) Dana Ralph, Mayor Agreement amendments Dana Ralph, Mayor L Authorizing property and real estate Dana Ralph, Mayor 0 documents (Notice of Grant, Deed of Right or Assignment of Rights, if 0 applicable). These are items that are typically recorded on the property with 0 King County. 0 The above persons are considered "authorized representatives/agents" for LO r M purposes of the documents indicated. The City shall comply with a request N _ from RCO to provide documentation of persons who may be authorized to ° w ° execute documents related to the grant. •2 a CU w SECTION 3. - Grant Agreement. The City has reviewed the sample Grant L Agreement on RCO's website at: https://rco.wa.gov/wp- 0 4- content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and c 0 acknowledges that if offered an agreement to sign in the future, it will contain 0 an indemnification and legal venue stipulation and other terms and conditions r _ a� E 2 � Recreation & Conservation Office Grant— .2 Springwood Park Renovation Q Packet Pg. 15 4.C.a substantially in the form contained in the sample agreement and that such terms a� and conditions of any signed agreement shall be legally binding on the City if its 0 representative/agent enters into an agreement on the City's behalf. RCO will c reserve the right to revise the agreement prior to execution. it a� c SECTION 4. - Legal Authoritx. The City acknowledges and warrants, L) after conferring with its legal counsel, that its authorized representatives/agents identified above have full legal authority to act and sign on behalf of the City for g ° their assigned role/document. SECTION S. - Contingent Funding. Grant assistance is contingent on r 0 a signed agreement. Entering into any agreement with RCO is purely c voluntary on the City's part. 0 SECTION 6. - Varying Policies and Requirements. The City Q understands that grant policies and requirements vary depending on the L grant program applied to, the grant program and source of funding in the 0 L 0 agreement, the characteristics of the project, and the characteristics of the City. 0 0 as SECTION 7. - Revisions to Agreement. The City further understands LO that prior to its authorized representatives/agents executing any of the M documents listed above, RCO may make revisions to its sample agreement N and that such revisions could include the indemnification and the legal venue ° 0 stipulations. The City accepts the legal obligation that it shall, prior to •Q a execution of any agreement, confer with its authorized c representatives/agents as to any revisions to the project agreement from L that of the sample agreement. The City also acknowledges and accepts that ,0 if its authorized representatives/agents execute agreements with any such o revisions, all terms and conditions of the executed agreements shall be o conclusively deemed to be executed with the City's authorization. r c a� E 3 Recreation & Conservation Office Grant— Springwood Park Renovation Q Packet Pg. 16 4.C.a SECTION 8. - Allowable Costs. Any grant assistance received will be r_ used for only direct eligible and allowable costs that are reasonable and 0 r_ 0 necessary to implement the project(s) referenced above. L a� SECTION 9. -Matching Funds Availability. If match is required for the o U grant, the City understands it must certify the availability of match at least = CU one month before funding approval. In addition, the City understands it is o responsible for supporting all non-cash matching share commitments to the a L Project should they not materialize. a� r SECTION 10. - Reimbursement Basis. The City acknowledges that if 0 r it receives grant funds managed by the Office, the Office will pay the City on o only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from RCO after the City incurs a grant eligible and allowable costs and pays them. RCO may also determine L an amount of retainage and hold that amount until all project deliverables, 0 grant reports, or other responsibilities are complete. U) 0 r SECTION 11. - Property Dedication for Development, Renovation o 0 Enhancement, and Restoration Projects. Springwood Park, which will be W renovated under Project #22-1372D, is located upon property wholly owned T M by the City of Kent. The City acknowledges that any property owned by the N c City that is developed, renovated, enhanced, or restored with grant ° w 0 assistance must be dedicated for the purpose of the grant in perpetuity •2 a unless otherwise allowed by grant program policy or RCO in writing and per w c the Agreement or an amendment thereto. L 0 SECTION 12. - Resolution a Part of Application. This resolution is 0 deemed to be part of the formal grant application to RCO. 0 U) m o: r c m E 4 M L) Recreation & Conservation Office Grant— Springwood Park Renovation Q Packet Pg. 17 4.C.a SECTION 13. - Certification. The City warrants and certifies that this a� resolution was properly and lawfully adopted following the requirements of 0 the City and applicable laws and policies, and that the City has full legal o .2 authority to commit itself to the warranties, certifications, promises and obligations set forth herein. 0 U SECTION 14. - Effective Date and Approval. This resolution will take r- effect immediately, and is signed and approved by the Mayor through a rg majority vote of the City Council for the City of Kent. A copy of this resolution is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. a� r 0 r DANA RALPH, MAYOR Date Approved o ATTEST: a Q c M KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted 0 APPROVED AS TO FORM: Cn 0 r 0 0 a� ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY L0 0 P:\Civil\Resolution\Drafts\RCO-Springwood Park#22-1372D.d... r M N C O 'rr R v .Q Q R r.+ C R L L O Cn O 0 Cn Nd Lf� d E 5 Recreation & Conservation Office Grant— Springwood Park Renovation Q Packet Pg. 18 4.C.a m V O c 0 :r it a� c RESOLUTION NO. c c 0 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the submission of applications for grant funding assistance through the Recreation and Conservation Office to assist with the cost of acquiring the Ruth o Property for Clark Lake Park (Project #22-1478A), and (2) identifies the Parks Director and Mayor, or o their designees, as the City's authorized representatives for purposes of securing the grants Q and binding the City to the grants' terms and Q conditions. 'L^ V L 0 RECITALS n c 0 A. Under the provisions of the Local Parks Category of the 0 Washington Wildlife and Recreation Program, the City of Kent is seeking grant assistance through the state Recreation and Conservation Office to aid o the City in financing the cost to acquire the Ruth Property for Clark Lake Park (Project #22-1478A). c B. The City of Kent considers it in the best public interest to a �a complete the project described in the application and to seek grant L assistance through the Recreation and Conservation Office to aid in financing L O the cost of this project. N c 0 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, o WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: r c as 1 E Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park 1° (Local Parks Category of Washington Wildlife and Recreation Program) Q Packet Pg. 19 4.C.a RESOLUTION r_ 0 SECTION 1. - Intent to Apply. The City has applied for or intends to 0 r apply for funding assistance managed by the Washington State Recreation and Conservation Office ("RCO") to assist with the cost of acquiring the Ruth 0 Property for Clark Lake Park (Project #22-1478A) ("Project"). � 0 SECTION 2. - Authorized Representative. The City authorizes the g r following persons, or subsequent holders of the positions identified below, to execute the following documents binding the City of Kent on the above a� Project: r 0 F_qlFr Grant . . _ Authorized to Sign 0 Grant application (submission thereof) Bryan Higgins, Parks Facilities Planning &Development Coordinator `_' Project contact (day-to-day Bryan Higgins, a administering of the grant and Parks Facilities Planning & Development Coordinator Q communicating with RCO) c RCO Grant Agreement (Agreement) Dana Ralph, Mayor Agreement amendments Dana Ralph, Mayor L Authorizing property and real estate Dana Ralph, Mayor 0 documents (Notice of Grant, Deed of Right or Assignment of Rights, if 0 applicable). These are items that are typically recorded on the property with 0 King County. 0 The above persons are considered "authorized representatives/agents" for LO r M purposes of the documents indicated. The City shall comply with a request N _ from RCO to provide documentation of persons who may be authorized to ° w ° execute documents related to the grant. •2 a CU w SECTION 3. - Grant Agreement. The City has reviewed the sample Grant L Agreement on RCO's website at: https://rco.wa.gov/wp- 0 4- content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and c 0 acknowledges that if offered an agreement to sign in the future, it will contain 0 an indemnification and legal venue stipulation and other terms and conditions r _ a� 2 E Recreation & Conservation Office Grant— U Ruth Property for Clark Lake Park 1° w (Local Parks Category of Washington Wildlife and Recreation Program) Q Packet Pg. 20 4.C.a substantially in the form contained in the sample agreement and that such terms a� and conditions of any signed agreement shall be legally binding on the City if its 0 representative/agent enters into an agreement on the City's behalf. RCO will c reserve the right to revise the agreement prior to execution. it a� c SECTION 4. - Legal Authoritx. The City acknowledges and warrants, U after conferring with its legal counsel, that its authorized representatives/agents identified above have full legal authority to act and sign on behalf of the City for g ° their assigned role/document. SECTION S. - Contingent Funding. Grant assistance is contingent on r 0 a signed agreement. Entering into any agreement with RCO is purely c voluntary on the City's part. 0 SECTION 6. - Varying Policies and Requirements. The City Q understands that grant policies and requirements vary depending on the L grant program applied to, the grant program and source of funding in the 0 L 0 agreement, the characteristics of the project, and the characteristics of the City. 0 0 as SECTION 7. - Revisions to Agreement. The City further understands LO that prior to its authorized representatives/agents executing any of the M documents listed above, RCO may make revisions to its sample agreement N and that such revisions could include the indemnification and the legal venue ° 0 stipulations. The City accepts the legal obligation that it shall, prior to •Q a execution of any agreement, confer with its authorized c representatives/agents as to any revisions to the project agreement from L that of the sample agreement. The City also acknowledges and accepts that ,0 if its authorized representatives/agents execute agreements with any such o revisions, all terms and conditions of the executed agreements shall be o conclusively deemed to be executed with the City's authorization. r c a� 3 E Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park 1° (Local Parks Category of Washington Wildlife and Recreation Program) Q Packet Pg. 21 4.C.a SECTION 8. - Allowable Costs. Any grant assistance received will be r_ used for only direct eligible and allowable costs that are reasonable and 0 r_ 0 necessary to implement the project(s) referenced above. L a� SECTION 9. -Matching Funds Availability. If match is required for the o U grant, the City understands it must certify the availability of match at least = CU one month before funding approval. In addition, the City understands it is o responsible for supporting all non-cash matching share commitments to the L Project should they not materialize. a� r SECTION 10. - Reimbursement Basis. The City acknowledges that if 0 r it receives grant funds managed by RCO, RCO will pay the City on only a o reimbursement basis. The City understands reimbursement basis means that the City will only request payment from RCO after the City incurs grant a eligible and allowable costs and pays them. RCO may also determine an L amount of retainage and hold that amount until all project deliverables, grant L 0 reports, or other responsibilities are complete. U) 0 r ° SECTION 11. - Property Dedication for Land Acquisitions. Project o 0 #22-1478A includes land acquisition for Clark Lake Park. As a result, the City W acknowledges that any property acquired with grant assistance must be T M dedicated for purposes of the grant in perpetuity unless otherwise agreed to N in writing by the City and RCO. For that project, the City agrees to dedicate ° w 0 the property in a signed "Deed of Right" for fee acquisitions, or an Q a "Assignment of Rights" for other than fee acquisitions, which documents will w CU be based upon RCO's standard versions of those documents, to be recorded L on the title of the property with the county auditor. The City acknowledges ,0 U) that any property acquired in fee title must be immediately made available o to the public unless otherwise provided for in policy, the agreement, or o U) authorized in writing by the Office's Director. r c as 4 E Recreation & Conservation Office Grant— U Ruth Property for Clark Lake Park 1° w (Local Parks Category of Washington Wildlife and Recreation Program) Q Packet Pg. 22 4.C.a SECTION 12. - Resolution a Part of Application. This resolution is r- deemed to be part of the formal grant application to RCO. 0 0 r SECTION 13. - Certification. The City warrants and certifies that this a resolution was properly and lawfully adopted following the requirements of o U the City and applicable laws and policies, and that the City has full legalCIO = authority to commit itself to the warranties, certifications, promises and o obligations set forth herein. L V NN� L7� SECTION 14. - Effective Date and Approval. This resolution will take r effect immediately, and is signed and approved by the Mayor through a r majority vote of the City Council for the City of Kent. A copy of this resolution o is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. .Q a Q DANA RALPH, MAYOR Date Approved L L O ATTEST: c 0 r 0 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: c r M N C O 'rr ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY Q� P:\Civil\Resolution\Drafts\RC0-Ruth Property for Clark Lake Park#22-1478A.d— 0 L L CIO U) 0 0 U) Nd Lf� d 5 E Recreation & Conservation Office Grant— L) Ruth Property for Clark Lake Park 1° w (Local Parks Category of Washington Wildlife and Recreation Program) Q Packet Pg. 23 4.C.a m V O c 0 :r it a� c RESOLUTION NO. c c 0 A RESOLUTION of the City Council of the City of Kent, Washington, that: (1) authorizes the submission of applications for grant funding assistance through the Recreation and Conservation Office to assist with the cost of acquiring the Ruth o Property for Clark Lake Park (Project #22-1479A), and (2) identifies the Parks Director and Mayor, or o their designees, as the City's authorized representatives for purposes of securing the grants Q and binding the City to the grants' terms and Q conditions. 'L^ V L 0 RECITALS n c 0 A. Under the provisions of the Land and Water Conservation 0 Program, the City of Kent is seeking grant assistance through the state Recreation and Conservation Office to aid the City in financing the cost to 0 acquire the Ruth Property for Clark Lake Park (Project #22-1479A). 0 B. The City of Kent considers it in the best public interest to complete the project described in the application and to seek grant a �a assistance through the Recreation and Conservation Office to aid in financing L the cost of this project. L O NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, o WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: o as r c as 1 E Recreation & Conservation Office Grant— 0 Ruth Property for Clark Lake Park (Land and Water Conservation Program) Q Packet Pg. 24 4.C.a RESOLUTION C� SECTION 1. - Intent to Apply. The City has applied for or intends to 0 apply for funding assistance managed by the Washington State Recreation ro and Conservation Office ("RCO") to assist with the cost of acquiring the Ruth a� Property for Clark Lake Park (Project #22-1479A) ("Project"). o U c SECTION 2. - Authorized Representative. The City authorizes the c following persons, or subsequent holders of the positions identified below, to cu (D execute the following documents binding the City of Kent on the above Project: 11 'OrName of Signatory or Title of Person r 0 Grant Document Authorized to Sign 7 Grant application (submission thereof) Bryan Higgins, 0 Parks Facilities Planning & Development Coordinator Project contact (day-to-day Bryan Higgins, V administering of the grant and Parks Facilities Planning & Development Coordinator a communicating with RCO) Q RCO Grant Agreement (Agreement) Dana Ralph, Mayor _ Agreement amendments Dana Ralph, Mayor Authorizing property and real estate Dana Ralph, Mayor L documents (Notice of Grant, Deed of ,o Right or Assignment of Rights, if applicable). These are items that are O typically recorded on the property with King County. o - - N a� The above persons are considered "authorized representatives/agents" for LO 0 purposes of the documents indicated. The City shall comply with a request M from RCO to provide documentation of persons who may be authorized to 0 execute documents related to the grant. .Q a SECTION 3. - GrantAgreement. The City has reviewed the sample Grant w c CU Agreement on RCO's website at: https://rco.wa.gov/wp- L content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and ° acknowledges that if offered an agreement to sign in the future, it will contain o an indemnification and legal venue stipulation and other terms and conditions o U) substantially in the form contained in the sample agreement and that such terms W r c as 2 E Recreation & Conservation Office Grant— U Ruth Property for Clark Lake Park .2 (Land and Water Conservation Program) Q Packet Pg. 25 4.C.a and conditions of any signed agreement shall be legally binding on the City if its a� representative/agent enters into an agreement on the City's behalf. RCO will 0 reserve the right to revise the agreement prior to execution. c W 0 SECTION 4. - Leaal Authoritx. The City acknowledges and warrants, it c after conferring with its legal counsel, that its authorized representatives/agents U identified above have full legal authority to act and sign on behalf of the City for their assigned role/document. g a� L SECTION S. - Contingent Funding. Grant assistance is contingent on a signed agreement. Entering into any agreement with RCO is purely 0 voluntary on the City's part. c 0 SECTION 6, - Varying Policies and Requirements. The City understands that grant policies and requirements vary depending on the Q grant program applied to, the grant program and source of funding in the L agreement, the characteristics of the project, and the characteristics of the 0 City. n c 0 r 0 SECTION 7, - Revisions to Agreement. The City further understands o as that prior to its authorized representatives/agents executing any of the W LO documents listed above, RCO may make revisions to its sample agreement M and that such revisions could include the indemnification and the legal venue N stipulations. The City accepts the legal obligation that it shall, prior to 0 execution of any agreement, confer with its authorized •Q a representatives/agents as to any revisions to the project agreement from c that of the sample agreement. The City also acknowledges and accepts that L if its authorized representatives/agents execute agreements with any such ,0 revisions, all terms and conditions of the executed agreements shall be o conclusively deemed to be executed with the City's authorization. o a� r c a� 3 E Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park (Land and Water Conservation Program) Q Packet Pg. 26 4.C.a SECTION 8. - Allowable Costs. Any grant assistance received will be as used for only direct eligible and allowable costs that are reasonable and 0 necessary to implement the project(s) referenced above. c SECTION 9. -Matching Funds Availability. If match is required for the it c grant, the City understands it must certify the availability of match at least U one month before funding approval. In addition, the City understands it is responsible for supporting all non-cash matching share commitments to the g Project should they not materialize. SECTION 10. - Reimbursement Basis. The City acknowledges that if r 0 it receives grant funds managed by RCO, RCO will pay the City on only a c reimbursement basis. The City understands reimbursement basis means that 0 the City will only request payment from RCO after the City incurs grant `2 .Q eligible and allowable costs and pays them. RCO may also determine an Q amount of retainage and hold that amount until all project deliverables, grant 0 reports, or other responsibilities are complete. o 4- SECTION 11. - Property Dedication for Land Acquisitions. Project 0 #22-1479A includes land acquisition for Clark Lake Park. As a result, the City acknowledges that any property acquired with grant assistance must be LO dedicated for purposes of the grant in perpetuity unless otherwise agreed to M in writing by the City and RCO. For that project, the City agrees to dedicate 0 the property in a signed "Deed of Right" for fee acquisitions, or an "Assignment of Rights" for other than fee acquisitions, which documents will a �a be based upon RCO's standard versions of those documents, to be recorded L on the title of the property with the county auditor. The City acknowledges L 0 that any property acquired in fee title must be immediately made available N c to the public unless otherwise provided for in policy, the agreement, or authorized in writing by the Office's Director. a� r c a� 4 t Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park (Land and Water Conservation Program) Q Packet Pg. 27 4.C.a SECTION 12. - Resolution a Part of Application. This resolution is as deemed to be part of the formal grant application to RCO. 0 r- SECTION 13. - Certification. The City warrants and certifies that this resolution was properly and lawfully adopted following the requirements of it c the City and applicable laws and policies, and that the City has full legal L) authority to commit itself to the warranties, certifications, promises and c obligations set forth herein. g a� L SECTION 14. - Effective Date and Approval. This resolution will take effect immediately, and is signed and approved by the Mayor through a 0 majority vote of the City Council for the City of Kent. A copy of this resolution c is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. 0 .Q a DANA RALPH, MAYOR Date Approved Q c 0 'L^ V L ATTEST: 0 c 0 r 0 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted o as APPROVED AS TO FORM: LO 0 M N C ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY 0 P:\Civil\Resolution\Drafts\RCO-Ruth Property for Clark Lake Park#22-1479A..- L L 0 0 d d 5 E Recreation & Conservation Office Grant— Ruth Property for Clark Lake Park (Land and Water Conservation Program) Q Packet Pg. 28 4.D PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5100 DATE: April 7, 2022 TO: Parks and Human Services Committee SUBJECT: Agreement with Berger Partnership PS for Springwood Park Renovation Design and Construction Administration MOTION: I move to authorize the Mayor to sign a consultant services agreement with Berger Partnership PS, in the amount of $320,830, for design and construction support services for Springwood Park Renovation, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: In September 2017, Berger Partnership was selected through an RFQ process to create a Master Plan for Springwood Park Renovation. This agreement constitutes the next phases of park design and construction administration during the renovation, building upon the work recently completed in the planning phase. BUDGET IMPACT: Expense impact to the Springwood Park Renovation capital budget SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Consultant Services Agreement (PDF) Packet Pg. 29 4.D.a KEN T W A S H I N G T.n CONSULTANT SERVICES AGREEMENT between the City of Kent and .N 0 Berger Partnership P.S. o THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter o the "City"), and Berger Partnership organized under the laws of the State of Washington, located and doing business at 1927 Post Alley, Suite 2, Seattle, WA 98101 (hereinafter the "Consultant"). L I. DESCRIPTION OF WORK. a 0 0 The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: 9 �L Q L As described in attached Exhibit A, incorporated herein, consultant shall provide design 0 through construction administration services for Springwood Park Renovation. a a L a The Consultant further represents that the services furnished under this Agreement will be performed a) in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. m r II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in 3 Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the a work described in Section I by 10/31/2024. E m L III. COMPENSATION. a A. The City shall pay the Consultant, based on time and materials, an amount not to exceed o $324,380.00, 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 a 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 r payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any c 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 c effort to settle the disputed portion. v r c C. Card Payment Program. The Consultant may elect to participate in automated credit card 0 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 c Consultant voluntarily participates in this Program, the Consultant will be solely responsible Q CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 1 Packet Pg. 30 4.D.a 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, .N a� 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. o r B. The Consultant maintains and pays for its own place of business from which the Consultant's services under this Agreement will be performed. Y C. The Consultant has an established and independent business that is eligible for a a business deduction for federal income tax purposes that existed before the City 'a retained the Consultant's services, or the Consultant is engaged in an independently °o established trade, occupation, profession, or business of the same nature as that involved under this Agreement. •L Q D. The Consultant is responsible for filing as they become due all necessary tax o documents with appropriate federal and state agencies, including the Internal Revenue 0 Service and the state Department of Revenue. a- a E. The Consultant has registered its business and established an account with the state L 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. a L F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. m r V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon 3 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 E Consultant's possession pertaining to this project, which may be used by the City without restriction. If the L City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal Q exposure to the Consultant. 0 VI. FORCE MA)EURE. 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, c or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or E delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent 0 to the other that at the time of signing this Agreement, they are able to perform as required and their a, performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing a state or national declarations of emergency, or any current social distancing restrictions or personal w protective equipment requirements that may be required under federal, state, or local law in response to 2 the current pandemic. r If any future performance is prevented or delayed by a force majeure event, the party whose Br- performance is prevented or delayed shall promptly notify the other party of the existence and nature of N the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be c effective only to the extent and duration of the force majeure event causing the prevention or delay in v 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. E 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 Q costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) Packet Pg. 31 4.D.a 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 a, 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 o borne by the Consultant. 0 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 a origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who 'a is qualified and available to perform the work to which the employment relates. The Consultant shall execute 00 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. •L Q VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, o officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or 0 suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's a- performance of this Agreement, except for that portion of the injuries and damages caused by the City's La- negligence. L m c 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. a L 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 m caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, r employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, 3 and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. E m m L IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION Q PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES co FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. c 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 a 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 a reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. as The provisions of this section shall survive the expiration or termination of this Agreement. c� IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, N insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. c U 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. 0 XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, Q designs, reports, or any other records developed or created under this Agreement shall belong to and CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) Packet Pg. 32 4.D.a 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 a, anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. c 0 XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor o with the authority to control and direct the performance and details of the work authorized under this o 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. L XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary .0 precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the °o 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. cn L XIV. MISCELLANEOUS PROVISIONS. ° U) a- A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its La- contractors and consultants to use recycled and recyclable products whenever practicable. A price 5- 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 a 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. m r C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and 3 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 E of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules L and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in Q 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 o 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. E m 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 a 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. r E. Assignment. Any assignment of this Agreement by either party without the written consentig of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, N the terms of this Agreement shall continue in full force and effect and no further assignment shall be made c without additional written consent. v r c 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. a CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) Packet Pg. 33 4.D.a 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. a, .N a� 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 o business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. c m I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to Y the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, 'm emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may .0 be subject to public review and disclosure, even if those records are not produced to or possessed by the °o 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. L Q J. City Business License Required. Prior to commencing the tasks described in Section I, o Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the 0 Kent City Code. a a L a L L m 3 c a� E m m L a 0 M C d E d N L Q V V/ r O U r c m E t v .r .r a CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) Packet Pg. 34 4.D.a 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. o, .N a� 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 o to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. c m Y CONSULTANT: CITY OF KENT: a 0 0 By: By: Print Name: Print Name: Dana Ralph N L Its Its Mayor 0 a- DATE: DATE: 0- L NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: 0 a. L CONSULTANT: CITY OF KENT: L Greg Brower Kerry O'Connor Berger Partnership City of Kent 3 1927 Post Alley, Ste 2 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 0 206-325-6877 (telephone) (253) 856-5115 (telephone) 0� gregb@bergerpartnership.com (email) koconnor@kentwa.gov (email) Q cfl 0 APPROVED AS TO FORM: c m E m as Kent Law Department a ATTEST: a� r c Kent City Clerk f° \\PKUPFPPIV\PKPublic\Planning\Springwood Park\Reimagining PK20-04\Design\Berger-Design Thru CA-CONTRACT 1/) 0 U r c m E t v .r .r a CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) Packet Pg. 35 4.D.a DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY c a� .N The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. o As such all contractors, subcontractors and suppliers who perform work with relation to this c Agreement shall comply with the regulations of the City's equal employment opportunity policies. 0 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 L response is required on all of the following questions for this Agreement to be valid and binding. a If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the c directives outlines, it will be considered a breach of contract and it will be at the City's sole 3 determination regarding suspension or termination for all or part of the Agreement; L Q The questions are as follows: N L 0 1. I have read the attached City of Kent administrative policy number 1.2. a Lam 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, L race, color, national origin, age, or the presence of all sensory, mental or physical disability. 2 0 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. m 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and 3 promotion of women and minorities. E a) 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the tM Prime Contractor, that the Prime Contractor complied with the requirements as set forth Q above. 0 M By signing below, I agree to fulfill the five requirements referenced above. a� E a� By: a For: as Title: r c Date: 0 U r c m E t v .r .r a EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 36 4.D.a CITY OF KENT ADMINISTRATIVE POLICY c c NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 ' as 0 c 0 r 0 c SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor L a POLICY: c 0 3 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 Q 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: �0 a 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. a 2. Actively consider for promotion and advancement available minorities and women. a L Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract m and subject to suspension or termination for all or part of the Agreement. 3 Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public a Works Departments to assume the following duties for their respective departments. a� L 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these Q regulations are familiar with the regulations and the City's equal employment opportunity o policy. M 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. a� L Q V V/ r 0 U r c m E t v .r .r a EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 37 4.D.a CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT c c a� .N This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the o Agreement. o 0 I, the undersigned, a duly represented agent of Q Company, hereby acknowledge and declare that the before-mentioned company was the prime a contractor for the Agreement known as that was entered o 0 into on the (date), between the firm I represent and the City of c Kent. L a U) L 0 Cn I declare that I complied fully with all of the requirements and obligations as outlined in the City L of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity L a� Policy that was part of the before-mentioned Agreement. L 0 a W L W By. For: E W P L Title: Q Date: M C d E d d L a U) r 0 U r c m E t �a r w a EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 38 EXHIBIT A PAR T N E R S H I P 2.25.22 iberger ` .� 0 0 Terry Jungman, Parks Planning and Development Manager Kerry O'Connor, Park Planner 0 City of Kent, Parks, Recreation &Community Services 0) 220 Fourth Avenue South W Y Kent,WA 98032 (L Proposal for Landscape Architectural Services—Springwood Park 0 0 3 a� Dear Terry and Kerry: L Q We are pleased to have the opportunity to work with the community and city staff to prepare o 4- design progress,construction documents,and permit documents for Springwood Park. With the U) completion of the preferred plan,we will move into 30%design documentation,which will further d a the design and prepare documentation for the RCO grant submittal.The following design phases N include 60%design, permitting,90%and 100%design, bid administration, and construction c administration. a L Project Team a� L The project team includes consultants with specialized skills required to complete the necessary m work.They include the following: r 3 • Civil Engineering: KPFF c a� • Environmental and Cultural Resources: Environmental Science Associates(ESA) E m m • Electrical Engineering and Design: Mazzetti a • Irrigation Design: Design 2426 co Park Program The elements to be included in the park based on the approved preferred plan include: • Grand lawn m a� L • Shelter Q • Multi-purpose court • Children's play a� • Adventure play r c • Walkways, paved and crushed rock c� • Walkway lighting 1n c 0 • Stormwater management facilities V • Irrigation c m • Site furnishings E t • Planting and lawn .r .r a Landscape Architecture Berger Partnership Ps 2063256877 Urban Desi n 1927 Post Alley,Ste.2 bergerpartnership.com g Seattle,WA 98101 Packet Pg. 39 4.D.a 2.25.22 Terry Jungman and Kerry O'Connor P R T N E R S H I P City of Kent berAgerProposal for Landscape Architectural Services—Springwood Park Page 2 of 8 c O 30%Complete Design and RCO Grant Application In this phase,we will prepare plans for the park that define the layout and finishes.The plans will also show grading, drainage,and landscape treatments.These documents are the next phase in the development of the park and can be used as part of the RCO grant submittal.Specific services include: a O • Prepare a schedule for the project including assistance with the submittal to RCO. O 3 • Conduct code research and establish project permit requirements. c L • Review topographic survey and determine if additional survey information is needed. Q- N L • Prepare a base layout drawing. ,o • Prepare drawings for inclusion in the project document set.These may include: d Cover Sheet t Site Survey ;n m TESC Plan Site Preparation Plan a Materials Plan ) Layout Plan ) Grading and Drainage Plan m r Utilities Plan 3 Planting Plan/Irrigation Diagram c a� Design Details E m • Prepare an outline of specifications. � • Update estimate of probable cost of construction. Q • Attend three meetings with city staff to review progress and deliverables. c M • Provide plan set for review and input. • Make corrections and respond to review comments. E • Provide quality control review of documents. aa) L • Coordinate document set with RCO presentation. Q • Attend pre-application meeting at or near the end of the 30%design phase. a) • Prepare graphic materials for outreach to the community.This may include selection of play a� equipment or other park finishes. r • Provide project administration. Deliverables N c O • Schematic Design Plan Set V • Cost Estimate m • Graphics and materials for outreach E .r .r a Packet Pg. 40 4.D.a 2.25.22 Terry Jungman and Kerry O'Connor P R T N E R S H I P City of Kent berAgerProposal for Landscape Architectural Services—Springwood Park Page 3 of 8 c O 60%Design We will establish the character for the park, determine the materials, and establish layout and location of all park features.Our work will begin with reconciling the master plan with the budget. Once the features from the master plan to be implemented are determined,we will proceed with Y the preparation of plans and draft specifications. (L O O Regulatory Code and Permit Review • Review the project for code compliance and note or realign the design as necessary. L • Compile list of required permits. Review permit requirements and duration of permit to L approval process and add to project schedule. ,o U) d Schedule _Q • Confirm a project schedule including dates for document review,p j g , permit submittal, DD N L phase,CD phase, bidding,and construction. c General a L • Prepare a drawing set that locates and describes the improvements. Drawing set to aM L include: m Survey r Site Preparation Plan 3 Layout Plans Restroom Plans and Elevations m m Picnic Shelter Plans and Elevations Grading and Drainage Plan Q Utility—Water Supply co Lighting and Electrical Plan Irrigation Plan Planting Plan E Details in sketch and image format 9) a� • Prepare water quality calculations and determine stormwater treatment/detention Q needs. aa) • Prepare a stormwater report. a� • Review existing geotechnical information and provide recommendation for infiltration r c and pavement sections. c�a • Review city standard general conditions. Provide input as necessary u3i c O • Prepare outline specifications in CSI format. V • Submit plans and written materials for review. m • Respond to review comments; revise plans,specifications,and cost estimates as required. t • Prepare one 60%Design cost estimate. M .r .r • Attend three meetings with the city and design team. Q Packet Pg. 41 4.D.a 2.25.22 Terry Jungman and Kerry O'Connor P R T N E R S H I P City of Kent berAgerProposal for Landscape Architectural Services—Springwood Park Page 4 of 8 c O • Provide project administration. o O c Deliverables m M • 60%Design Documents L c� • Outline Specifications a O • 60%Design Cost Estimate O 3 • Stormwater Report c L Q Permitting/Approvals N L We will provide the services necessary for obtaining approvals for construction. Permits may 0 include clearing and grading, building,and environmental. d a t • Building Permits—Shelter L m c • Site Development � • SEPA Checklist a L • Demolition tM L • Utility Permits—Water m t • Electrical (through state L&I) 3 c Specific services include: M E m m • Schedule and attend a pre-application meeting(during 60%Design). a • Prepare documents for submittal review and approval including notes and calculations. • Prepare necessary forms and paperwork for permit submittal. M • Arrange and attend intake meeting with the City of Kent permit center. c • The city will develop a project-level SEPA checklist with support from the design team as E needed. m a) L • Submit plans to the City of Kent. Q • Review comments and provide written responses and plan revisions. Response and a) revision time for permitting is limited to 12 hours.Additional time will be billed on an hourly basis. to r c c� Deliverables +' • Permit Documents c O U r c m E t v .r .r a Packet Pg. 42 4.D.a 2.25.22 Terry Jungman and Kerry O'Connor P R T N E R S H I P City of Kent berAgerProposal for Landscape Architectural Services-Springwood Park Page 5 of 8 c O r R O C d fY Y L 90%and 100% Design (L Upon approval from Parks,Construction Documents will be prepared.Specific services include the p O following: 3 a� c • Respond to comments on the 60%Design documents. N • Prepare a drawing set that locates and describes the improvements. Drawing set to 0 4- include: U) d Survey a Site Preparation Plan N L Temporary Erosion Control Plan c Layout Plans M a Site Details a� Grading and Drainage Plans aM Drainage Details and Calculations oOp Utility Plan-Water Supply r Electrical and Lighting Plans, and Details 3 Irrigation Plan aa) Irrigation Details and Schedules m Planting Plan Planting Details and Schedules Q co • Prepare Construction Specifications in CSI format with city standard general conditions. CSI documents will be a special provision to the city standard. • Submit draft Construction Documents and meet with Parks staff to review plans and specifications. m a� • Respond to review comments; revise plans,specifications,and cost estimates as required. Q • Prepare an update of the cost estimate. • Attend three meetings with Parks staff and the design team. • Provide project administration. to r c c� Deliverables +' • 90%Documents c O • 90%Design -Construction Documents U r • Specifications m • 90%Design -Construction Cost Estimate t • 100%Documents +° .r a • 100%Design Construction Documents and Estimate Packet Pg. 43 4.D.a 2.25.22 Terry Jungman and Kerry O'Connor P R T N E R S H I P City of Kent berAgerProposal for Landscape Architectural Services—Springwood Park Page 6 of 8 c O Bid Administration o We will provide the following support services during the bidding and negotiation of the site work. m • Prepare bid packages using format provided by the city, including a detailed baseline Y L project schedule. IL • Submit bid packages to Parks for review. c 0 • Prepare documents for bid and provide digital documents for posting. c • Conduct a pre-bid meeting. L a • Review and respond to bidder questions with input from the owner. N L O • Prepare bid addenda, if required. d Construction Administration Q' We will make visits to the project site to observe construction of the elements in our scope of work ;n m as follows: IL • Lead preconstruction meeting and prepare meeting notes. y tM • Lead weekly construction meetings for a total of 32 meetings; prepare meeting notes and aD m track issues.Assumes eight months for construction. r • Review submittals and shop drawings. 3 • Review,coordinate,and monitor contractor schedule. (D E • Review and verify contractor pay application. m L • Prepare modification proposals and change orders for approval by the city. a • Conduct walk-through, prepare punchlist,and confirm substantial completion. co 0 • Conduct back check of punchlist and confirm physical completion. • Review contractor as-builts. m • Obtain maintenance manuals, operating manuals,equipment brochures, and material E brochures from contractor. iv a� • Provide project administration. Q m Deliverables • Construction meeting notes within two days of meeting to r • Obtain three copies of maintenance manuals from the contractor and provide within two weeks of final acceptance. N • Contractor as-builts o U r Assumptions • Drawings will be provided on our title block with signature block as required by the City of Kent. .r a Packet Pg. 44 4.D.a 2.25.22 Terry Jungman and Kerry O'Connor P R T N E R S H I P City of Kent berAgerProposal for Landscape Architectural Services—Springwood Park Page 7 of 8 c O • Specifications will be prepared in CSI format and included with city standard as a special provision. c m • We will support the bid process led by the city and will follow established protocols Y utilizing established forms and standards.The city will advertise the project for bid. a • Meetings and site visits in addition to those indicated will be billed on an hourly basis. O • Geotechnical engineering services are not included at this time. If they are discovered to O 3 be necessary,we will obtain a proposal for approval prior to proceeding. 'L • Site utilities:Water and electricity are available on site or in the right of way adjacent to Q- N the site.Stormwater will be treated on site prior to release. o 0 • Fees for permits and bid announcements will be paid by the City of Kent and are not d included. a t • The city will prepare and negotiate contracts with the successful lowest responsible ;n bidder. c • Construction testing services will be provided by the City of Kent. a L • Construction duration is assumed to be eight months(32 weeks). Fees for services beyond aD this duration will be provided on an hourly basis or by approved scope and fee. m • Site information in the form of a topographic/boundary survey will be provided by the r City of Kent. 3 c • Meetings in addition to those indicated will be billed on an hourly basis. E • RCO grant application support will be completed under a separate contract. (D L Fees Q co Based on the scope of services identified at this time,we have established a fee for G landscape architectural services as follows: c m 30%Design $30,965.00 E 60%Design/Permitting $50,220.00 90%and 100%Design $32,015.00 Q Bid Administration $10,900.00 N m Construction Administration $60,380.00 Subtotal $184,480.00 r c KPFF $66,350.00 Mazzetti $14,750.00 N ESA $29,105.00 V Design 2426 $13,750.00 Subtotal $123,955.00 aa) Mark-up $12,395.00 t Subtotal $136,350.00 c ns .r .r a TOTAL $320,830.00 Packet Pg. 45 4.D.a 2.25.22 Terry Jungman and Kerry O'Connor P R T N E R S H I P City of Kent berAgerProposal for Landscape Architectural Services—Springwood Park Page 8 of 8 c O Reimbursable Expenses $4,000.00 O c Fees will be billed monthly based upon the percentage of work completed.Services beyond those noted in this proposal will be billed as additional services on an hourly basis as follows,or lump L sum fees can be negotiated: (L Principal $215.00 per hour Op Associate $170.00 per hour c Project Manager $140.00 per hour Q Landscape Architectural Staff $115.00 per hour N L Administrative Staff $100.00 per hour ,0 U) Printing, reprographic expenses,CAD plots,travel costs,and other reimbursable expenses will be d a billed at cost plus a 10%administrative mark-up and are included in the proposed fee.All accounts t are due in ten days. Invoices not paid within 30 days of invoice date will be subject to late charges `m of 1%per month. If payment for services is not received within 90 days of the invoice date,all subsequent services and/or issuance of documents may be postponed until receipt of payment, a L unless special arrangements are made prior to providing the services. L If you have questions,would like more information,or wish to make an modifications, please do m Y q Y � r not hesitate to contact us.We are looking forward to our continuing work on Springwood Park. 3 c Sincerely, E E Berger Partnership PS co a 0 M Greg Brower, PLA c Principal E am a� L Q V V/ r O U r c m E t v .r .r a Packet Pg. 46 4.D.a EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 0 Insurance c r The Consultant shall procure and maintain for the duration of the Agreement, 0 0 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 L by the Consultant, their agents, representatives, employees or a subcontractors. 0 0 A. Minimum Scope of Insurance c L Consultant shall obtain insurance of the types described below: cn L 0 1. Automobile Liability insurance covering all owned, non- Cn a 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 0 necessary, the policy shall be endorsed to provide contractual liability coverage. a 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, 0° products-completed operations, personal injury and 3 advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement E ISO form CG 25 03 11 85. The City shall be named as an 0 insured under the Consultant's Commercial General Liability Q insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 0 85 or a substitute endorsement providing equivalent coverage. a� 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. a 4. Professional Liability insurance appropriate to the a Consultant's profession. B. Minimum Amounts of Insurance r c Consultant shall maintain the following insurance limits: N 0 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of c $1,000,000 per accident. E 0 a Packet Pg. 47 4.D.a EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 0 general aggregate. c .2 3. Professional Liability insurance shall be written with limits no > less than 2,000,000 per claim. C. Other Insurance Provisions L a The insurance policies are to contain, or be endorsed to contain, the following c provisions for Automobile Liability and Commercial General Liability 3 insurance: c •L 1. The Consultant's insurance coverage shall be primary insurance as cn respect the City. Any Insurance, self-insurance, or insurance pool 0 coverage maintained by the City shall be excess of the Consultant's Cn insurance and shall not contribute with it. a a 2. The Consultant's insurance shall be endorsed to state that coverage shall 0 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. a L 3. The City of Kent shall be named as an additional insured on all policies a� (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as 3 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 E also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with Q respects to the limits of the insurer's liability. 0 D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. L Q 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. 0 U r c m E t v .r .r a Packet Pg. 48 4.D.a EXHIBIT B (Continued ) F. Subcontractors .N Consultant shall include all subcontractors as insureds under its policies or o shall furnish separate certificates and endorsements for each subcontractor. c All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. c a� Y L a 0 0 3 a� c L Q L 0 Cn a- L a L L m 3 c a� E m m L a 0 M C d E d N L Q V V/ r 0 U r c m E t v .r .r a Packet Pg. 49 4.E PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5100 DATE: April 7, 2022 TO: Parks and Human Services Committee SUBJECT: Agreement with EarthCorps for Mill Creek Canyon Trail Repair MOTION: I move to authorize the Mayor to sign an agreement with EarthCorps in the amount of $192,036, for trail repair in Mill Creek Canyon, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: This contract will build on the success of the initial phase of trail work completed in Mill Creek Canyon in 2021. This second phase will include additional trail brushing, tread improvements in wet sections of the trail, general trail maintenance, and construction of a trail reroute around the washout that occurred in November of 2021. BUDGET IMPACT: Expense impact to Mill Creek Canyon Trail Renovation capital budget SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Contract agreement (PDF) Packet Pg. 50 4.E.a • KENT W A 5 H I N G T O N AGREEMENT FOR PARK TRAIL RESTORATION SERVICES between City of Kent and EarthCorps THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and EarthCorps, a Washington public benefit corporation, located and doing Q business at 6310 NE 74th Street, Suite 201E, Seattle, WA 98115-8168 (hereinafter the "Contractor"). AGREEMENT c The parties agree as follows: I. DESCRIPTION OF WORK. v Y d d The Contractor shall perform the following services for the City in accordance with the following u described plans and/or specifications: _ L 0 Phase Two trail, vegetation, and environmental repair work of the Mill Creek Canyon Trail a within Mill Creek Canyon Park, including area of 2021 trail washout, in accordance with the 0 3/7/2022 Scope of Work attached and incorporated as Exhibit A. ca w z The Contractor further represents that the services furnished under this Agreement will be performed 3 in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. as This Agreement is being entered into pursuant to RCW 35.21.278 and RCW 79A.35.130 which allows 9 9 p � a, the City to enter into contracts with community service organizations to provide maintenance improvements a to parks, surface water facilities, and environmentally sensitive areas without regard to competitive bidding r� for public works, or statutory rates of compensation for environmental and trail maintenance work performed M by conservation corps programs offered by nonprofit organizations affiliated with a national service organization established under the authority of the National and Community Service Trust Act of 1993, P.L. 103-82. Contractor represents and affirms that the work it is performing under this Agreement meets the E exceptions provided for by RCW 35.21.278 and RCW 79A.35.130. L II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 30 calendar days after the City issues its Notice to Proceed. Upon the effective date r of this Agreement, all physical work shall thereafter be completed by 12/31/2022. The term of this 0 Agreement shall continue until all work has been completed, final acceptance has occurred, and all L) Contractor obligations have been fulfilled. a� E III. COMPENSATION. ca A. The City shall pay the Contractor, based on time and materials, a total amount not to a exceed $192,035.87, 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 Contractor 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 year from the effective date of this Agreement. The Contractor's billing rates shall be as delineated in Exhibit A. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 1 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 51 4.E.a B. The Contractor 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 od an invoice. If the City objects to all or any portion of an invoice, it shall notify the Contractor 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 Contractor 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 Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. a m 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 L accordance with Ch. 51.08 RCW, the parties make the following representations: ~ c 0 A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. v Y d B. The Contractor maintains and pays for its own place of business from which the v Contractor's services under this Agreement will be performed. — C. The Contractor has an established and independent business that is eligible for a Lo business deduction for federal income tax purposes that existed before the City retained the Contractor's a services and is a service other than that furnished by the City, or the Contractor is engaged in an o independently established trade, occupation, profession, or business of the same nature as that involved L) under this Agreement. w D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state 3 Department of Revenue. E E. The Contractor has registered its business and established an account with the state a Department of Revenue and other state agencies as may be required by the Contractor's business, and has a obtained a Unified Business Identifier (UBI) number from the State of Washington. 0 F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. �. c a� G. The Contractor maintains a set of books dedicated to the expenses and earnings of its 0 business. 0 V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon UM 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 0 Contractor's possession pertaining to this project, which may be used by the City without restriction. If the City's use of the Contractor's records or data is not related to this project, it shall be without liability or legal exposure to the Contractor. E ca VI. CHANGES. The City may issue a written change order for any change in the Contract work a during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 2 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 52 4.E.a the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. L VII. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure ~ c 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 v 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 v 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. ,o If any future performance is prevented or delayed by a force majeure event, the party whose o performance is prevented or delayed shall promptly notify the other party of the existence and nature of L) 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 w 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. 3 r c Notwithstanding other provisions of this section, the Contractor 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 a costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. IM L- Performance that is more costly due to a force majeure event is not included within the scope of this Force a Majeure provision. c r If a force majeure event occurs, the City may direct the Contractor 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 a project site during the force majeure event. The cost to restart, change, or secure the work or project site E 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 Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. r c VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another ti written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, a additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 3 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 53 4.E.a FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the L Contractor is asserting a schedule change or disruption. ~ c 0 B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's v records needed for evaluating the protest. L V The City will evaluate all claims, provided the procedures in this section are followed. If the City = determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. o C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall 0" `0 proceed promptly to provide the goods, materials and services required by the City under this Agreement. L) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the w Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 3 r c m E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this E section, the Contractor completely waives any claims for protested work and accepts from the City any a written or oral order (including directions, instructions, interpretations, and determination). a IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT o ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE �c i THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE �. FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. m E 0 X. WARRANTY. Upon acceptance of the contract work, the Contractor must provide the City a a� one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects 0 in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work 0 shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as E determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. a XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 4 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 54 4.E.a The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be CL 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, L then, in the event of liability for damages arising out of bodily injury to persons or damages to property ~ c caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. v Y d IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION v PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL =_ INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. `o Jq The provisions of this section shall survive the expiration or termination of this Agreement. o U XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. w z XIV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary 3 precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the a performance of the contract work and shall utilize all protection necessary for that purpose. All work shall E be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to a materials, tools, or other articles used or held for use in connection with the work. a XV. MISCELLANEOUS PROVISIONS. o M 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 E may be available for any designated recycled product. m L 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. 0 C. Resolution of Disputes and Governing. 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 E 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 a and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 5 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 55 4.E.a 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. L 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 _ Contractor. L c 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 v 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 v language contained in this Agreement, the terms of this Agreement shall prevail. — H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal Jq laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of 0 0 the performance of those operations. L) I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to w 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 Contractor in its performance of this Agreement may 3 be subject to public review and disclosure, even if those records are not produced to or possessed by the a City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties E and obligations under the Public Records Act. a J. City Business License Required. Prior to commencing the tasks described in Section I, the a Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the o Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number ari 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 0 the original signature was received in person. U L U E t c� co Q AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 6 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 56 4.E.a IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: Print Name: Print Name: Dana Ralph CL Its Its Mayor DATE: DATE: 14 c NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: c �a CONTRACTOR: CITY OF KENT: U m m Attn: Whitney Bowman Attn: Bryan Higgins EarthCorps City of Kent Parks, Recreation, - 6310 NE 74th Street, Suite 201E and Community Services Department Seattle, WA 98115 220 Fourth Avenue South ,o Kent, WA 98032 a (206) 322-9296 (telephone) o whitney@earthcorps.org (email) (253) 856-5113 (telephone) v bhiggins@kentwa.gov (email) CU ATTEST: APPROVED AS TO FORM: r c m E Kent City Clerk Kent Law Department L Q 0 r M r-i C E d L V L 0 U r c E t U R Q AGREEMENT FOR PARK TRAIL RESTORATION SERVICES - 7 (City of Kent and EarthCorps - Mill Creek Canyon Park Trail) Packet Pg. 57 4.E.a 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 L breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; 0 c The questions are as follows: v Y d 1. I have read the attached City of Kent administrative policy number 1.2. U 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. ,o 3. During the time of this Agreement the prime contractor will provide a written statement to all new 0 employees and subcontractors indicating commitment as an equal opportunity employer. L) 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion w of women and minorities. 3 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime m Contractor, that the Prime Contractor complied with the requirements as set forth above. E as a� L By signing below, I agree to fulfill the five requirements referenced above. a Dated this day of 2022. o M By: N For: 0 Title: U L Date: 0 c a� E ca a Equal Employment Opportunity - Certification Documents - 1 Packet Pg. 58 4.E.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 L SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 Q CONTRACTORS APPROVED BY Jim White, Mayor POLICY: c 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 Y more within any given year, must take the following affirmative steps: L V 1. Provide a written statement to all new employees and subcontractors indicating commitment as an = equal opportunity employer. L 0 2. Actively consider for promotion and advancement available minorities and women. a L O Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination L) and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. w z Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works 3 Departments to assume the following duties for their respective departments. E 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are a familiar with the regulations and the City's equal employment opportunity policy. a 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. M C N E N d L V L r.+ O U c E t ca Q Equal Employment Opportunity - Certification Documents - 2 Packet Pg. 59 4.E.a 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, L hereby acknowledge and declare that the before-mentioned company was the prime contractor for the a m Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. c 0 c I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent v Y Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was m U part of the before-mentioned Agreement. — L 0 Dated this day of , 200 a 0 U t ca By: .r 3 For: m Title: a� L Date: a 0 M C N E N d L V L 0 U c E t ca Q Equal Employment Opportunity - Certification Documents - 3 Packet Pg. 60 4.E.a EXHIBI Scope of Work: Mill Creek Canyon Trail Bypass CL EARTH LOCAL PESTORATION GLOBALCORPS 0 . U Y m m L U L Q L 0 U t R W t .r Prepared for: m Bryan Higgins E a� Parks Planning and Development a, 220 Fourth Ave South Q Kent, WA 98032 0 r Tel: 253-856-5113 °? Email: BHiggins@kentwa.gov c a� E aD March 7, 2022 L a� EarthCorps L 6310 NE 74th St, Suite 201E o Seattle, WA 98115 www.earthcorps.org = a� E EarthCorps R © 2022 Q All rights reserved Packet Pg. 61 4.E.a Scope of work: Mill Creek Canyon Trail Bypass NARRATIVE SCOPE OF WORK EarthCorps and the City of Kent have partnered to revitalize the Mill Creek Canyon Trail in Mill Creek Earth Works Park. The revitalization project's primary goal is to enhance the existing trail through sustainable trail design, enabling long-term success and reduce the need for frequent maintenance. A sustainable trail will protect the surrounding L environments, meet the users' needs and expectations, and require little maintenance. a as This scope of work is considered phase two of a larger trail revitalization plan and will L focus on the first 2 miles of the Mill Creek Canyon trail as well as the 2021 washout c reroute. Phase two will include maintaining the trail corridor that was brushed in 2021, 0, bringing the trail to the outlined trail standards noted in the trail standard document. v Phase two also includes, continued structural installations of the phase one construction plan. Structures have been prioritized based on budgetary needs and are outlined below. v_ L In winter of 2021, a significant washout occurred in one of the steepest areas of Mill ° Creek Canyon effectively eliminating a 30-40 foot section of the main trail. After �- assessing the washout area for a sustainable reroute or structural solutions, EarthCorps U is recommending that the trail bypasses this area by constructing a new trail out of the canyon and at the least temporarily connects to the American Legion Hall Property(see w attached map and link below). From this location trail users may reenter the canyon on 3 the trail constructed by EarthCorps in 2021. as E https://earthcorps.maps.arcgis.com/home/item.html?id=cOf08f'8259c54200839ed67640cf 2c60 Q r� All trail work will align with the trail standards provided by EarthCorps February of 2021. M C N E N d L V L r.+ O U c E t ca Q Packet Pg. 62 4.E.a Scope of work: Mill Creek Canyon Trail Bypass Tasks 1. Priority phase two Trail work Feature Priority Point Number Ranking Existing bridge replaced with 2 2 L turn pike a Check steps 3 5 Turnpike steps 3 9 L Outslope logs 3 10 c 0 Check steps/stump work 1 15 General Tread maintenance 1 n/a v Brushing 1 n/a Phase 1 switchback check step 1 21 U replacement L 0 2. Switchback installation N a. Switchbacks will be reinforced with crib walls and box steps structures o Structure Estimate Switch Backs —350 linear feet � �a Crib wall —255 linear feet w z Box steps —50 steps 3 r c as E *Structures are subject to change due to onsite conditions L Q EarthCorps will provide the following: 0 • An assigned project manager to coordinate with the City of Kent, schedule crews, and ensure project goals/objectives are met. • Basic hand tools along with access to power tools (mechanical wheel barrows, E as saws etc.) ;v • Personal Protective Equipment and procedures for the use of tools and o mitigating the spread of the COVID 19 virus. U • Safety signage and personnel when actively working on the trail. • Training and education in trail construction and design, leadership and 0 U community communication. • Workers' compensation, health insurance, and related taxes. • Washington Labor& Industries documentation • Administrative/ payroll and human resource services. a a Packet Pg. 63 4.E.a Scope of work: Mill Creek Canyon Trail Bypass Agency will provide the following: L • Access to the site a • Any necessary permits to perform work SCHEDULE c 0 Task Month Notes Task 2: Phase 2 trail work Spring-fall 2022 Exact dates will be Y provided once finalized. Crew days:22 v_ Contingency:5 L Tota l:27 Task2: Bypass trail installation Spring—early summer 2022 Exact dates will be a provided once finalized. v Crew days: 30 Contingency: 5 w Total: 35 3 r c m E BUDGET a L Q Crew Labor 62 Days $ 111,119.5, CID- Project Management 460 firs $ 39,100.0, �M Materials $ 22,000.01 c a� Subtotal $ 172,219.51 y Materials& Handling Fee(10%of Total Materials) $ 2,200 a) TOTAL a TOTAL FEE $ 174,419.51 Sales Tax: 10.iX Location Code: 1715 $ 17,616.3 um L TOTAL PAYABLE $ 192,035.8 U c a� E t ca Q Packet Pg. 64 4.E.a Scope of work: Mill Creek Canyon Trail Bypass Fee Schedule: Crew day including crew leader-$1,792.25/day An EarthCorps Crew Day is a 9-hour day that includes load, unload, and transportation time to and from the worksite and tools needed to complete project tasks. In addition, i crews are trained in trail construction and maintenance, erosion control and prevention, a ecological restoration, and the safe operation of hand and power tools. An EarthCorps crew includes a trained crew leader who leads the crew and acts as an onsite L communication liaison and is trained in specialized equipment and vehicle use, such as c three-ton dump trucks. 0, c Project Manager- $85/hr ,Uc m m L An EarthCorps Project manager collaborate with agency partners to design ecological v_ restoration and trail construction projects. They coordinate communication and logistics to L ensure crews are equipped with the knowledge and skills to perform the requested tasks. In ° addition, they provide updates and project status reports. Lastly, they adaptively manage a projects to ensure the project's goals and objects meet the agency partner's satisfaction. L) Specialized tools �a w 3-ton truck and 4 x 4 pickup truck fee- $95/day— billed upon use as needed 3 Specialized tools, such as impact hammer& miter saw- $90/day— billed upon use as needed as E Material cost, disposal fees and equipment rentals— billed upon receipt a� a r� EARTHCORPS BACKGROUND M EarthCorps is a non-profit organization founded in 1993 with a mission to build a global community of leaders through local environmental service. EarthCorps provides a year- long intensive program for young adults from the US and 80 other countries to learn best practices in ecological restoration, trail construction and maintenance and develop their leadership skills through hands on experiences. r c 0 U Global Leadership c a� E Based in Seattle, Washington, EarthCorps brings together emerging environmental leaders from more than 60 countries to work on projects in the Puget Sound region and Cascade Mountains. As part of EarthCorps' intensive hands-on curriculum, they learn a multiple restoration and trail construction techniques, try out project design and management, develop leadership and team-building skills, and help manage thousands of local volunteers on projects. Packet Pg. 65 4.E.a Scope of work: Mill Creek Canyon Trail Bypass EARTHCORPS PROJECT LEAD: Whitney Bowman, Field Operations Manager Tel: 206-420-5587 Email: whitney@earthcorps.org a a� o: L 0 U Y m m L U L Q L 0 U t Cu W t .r C d E L Q 0 r M rr C E d L cu V L 0 0 U r c E t U R Q Packet Pg. 66 Mill Creek Revitalization Phase 2 y YiFtk 'f � ' '*1 r ■ 17 Jr,,'J I}��+y1h1rr 06 pr Mfg l M1 A .y`011116" �� {' �- 7 '�,�r` a #,• ._ - _ � - �•'„— IL 06. y •ti f P• �y Fes_'. � _i„Y +�'. .1•�Y _ Y O AL + ! *!k �• +} 64+T J 'ate U a # • i ! Y + a. O IF .4 s YR �'. f1 Q '�'i �'#� ^� f Y + '# V'I f it r • RY at # Y f Ft { . Y Ilk A. j. 4• r r Q Legend 0 0.05 0.1 0.2 mi 0 0.07 0.15 0.3 km County of King, Bureau of Land Management, Esri Canada, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, METI/NASA, EPA, USDA,RiH Eagle View Technologies,Inc. CORPS ;GLOBAL LEADERSHIP � K E N T Packet Pg. 67 W A S H I N G T 0 N 4.E.a EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance L The Contractor shall procure and maintain for the duration of the Agreement, Q insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder _ by the Contractor, their agents, representatives, employees or 2 subcontractors. 0 A. Minimum Scope of Insurance U Y Contractor shall obtain insurance of the types described below: L V 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 a contractual liability coverage. 0 U t 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from w premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability 3 assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project E Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability a insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute o endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. L B. Minimum Amounts of Insurance 0 U Contractor shall maintain the following insurance limits: 0 U 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with a limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. Packet Pg. 68 4.E.a EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: a� 1. The Contractor's insurance coverage shall be primary insurance as respect L the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and 0, shall not contribute with it. U 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given _ to the City. L q 3. The City of Kent shall be named as an additional insured on all policies N (except Professional Liability) as respects work performed by or on behalf �- of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The V_ City reserves the right to receive a certified copy of all required insurance w policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each 3 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 a Insurance is to be placed with insurers with a current A.M. Best rating of not o less than A:VII. M E. Verification of Coverage E Contractor shall furnish the City with original certificates and a copy of the L amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. r c F. Subcontractors ci c Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. a Packet Pg. 69