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HomeMy WebLinkAboutContract CAG-15-191 -41101111 CITY OF ------ Renton 0 CONSULTANT AGREEMENT THIS CONSULTANT AGREEMENT ("Agreement") is made as of the3lsday of August 2015, (the "Effective Date") by and between the City of Renton, a noncharter code city under RCW 35A, and a municipal corporation under the laws of the State of Washington (hereinafter "Renton"), and KPG, (hereinafter "Consultant"), who are collectively referred to as the "Parties", for Downtown Conceptual Parklet Design. Renton and Consultant, for full mutual consideration as more specifically detailed below, agree: 1. Scope of Services. The Consultant will provide professional services, including but not limited to all necessary labor and/or supervision, as specified in the attached Scope of Services (Exhibit A), attached and fully incorporated into this Agreement by reference. This Agreement is the entire agreement of the Parties and supersedes all prior oral or written representation or understandings. This Agreement may only be amended by written agreement of the Parties. The Scope of Services may be amended only as provided in this Agreement, in Section 2. "Services" shall mean professional services, work, labor and/or supervision. 2. Changes in Scope of Services. Renton, without invalidating this Agreement, may order changes in the services consisting of additions, deletions or modifications, and adjust the fee accordingly. Such changes in the services shall be authorized by written agreement signed by Renton and Consultant. If the project scope requires less time, a lower fee will be charged. If additional work is required, Consultant will not proceed without a written change order from Renton. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect to serve the purposes and objectives of this Agreement. 3. Time of Performance. Consultant shall complete performance for the items under Consultant's control in accordance with Exhibit A. If items not under Consultant's control impact the time of performance, Consultant will immediately notify Renton in writing. 4. Term of Consultant Agreement. The term of this Agreement shall end at completion of the Scope of Services identified in Exhibit A, but no later than December 31, 2015. The Parties may, upon mutual written agreement, extend this Agreement to accomplish change orders. 5. Consultant Agreement Sum. Renton shall make payment for services to Consultant for completed services consistent with and as provided in the attached estimate Fee Structure, attached and fully incorporated into this Agreement by reference. Such payment shall be the full compensation for services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the services. The total amount of this Agreement is not to exceed the sum of Nine Thousand Eight Hundred Fifty Three Dollars and Sixty One Cents [$9,853.61]. Washington State Sales Tax is not required. Renton, in entering into this Agreement, does not guarantee that any services will be requested nor guarantees any specific dollar amount of services during the term of this Agreement. 6. Method of Payment. Payment by Renton for services rendered will be made after a voucher or invoice is submitted in the form specified by Renton. Payment will be made within thirty (30) calendar days after receipt of such voucher or invoice. Renton shall have the right to withhold payment to Consultant for any work not completed in a satisfactory manner until such time as Consultant modifies such services so that the same is satisfactory to Renton. 7. Record Maintenance and Work Product. Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. Consultant agrees to provide Renton with access to any records. All originals and copies of work product, exclusive of Consultant's proprietary items protected by copyright such as computer programs, methodology, methods, materials, and forms, shall belong to Renton, including records, files, computer disks, magnetic media or material which may be produced by Consultant while performing the services. Consultant will grant Renton the right to use and copy Consultant copyright materials as an inseparable part of the work product provided. 8. Assignment Agreement. The Consultant shall not assign any portion of this consultant Agreement without the City of Renton's express written consent. 9. Hold Harmless. Consultant shall indemnify, defend and hold harmless Renton, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys' fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Consultant's own employees, agents and volunteers, or damage to property caused by Consultant's negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by Renton and its officers, agents, employees and volunteers. Renton agrees to indemnify Consultant from any claims, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, legal expenses and litigation costs, arising out of claims by third-parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of Renton, Renton's employees, agents or volunteers in connection with this Consultant Agreement. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and Renton, its officers, officials, employees and volunteers, Consultant's liability shall be only to the extent of Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this agreement. 10. Insurance. Consultant shall secure and maintain: a. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate throughout the duration of this Agreement. b. Professional liability insurance, in the minimum amount of$1,000,000 for each occurrence, shall also be secured for any professional services being provided to Renton that are excluded in the commercial general liability insurance. c. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. d. It is agreed that on Consultant's commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. e. Subject to Renton's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Renton before executing the work of this Agreement. f. The Consultant shall provide Renton with written notice of any policy cancellation, within two business days of their receipt of such notice. 11. Independent Contractor. Consultant's employees, while engaged in the performance of any of Consultant's services under this Agreement, shall be considered employees of the Consultant and not employees, agents or representatives of Renton. Consultant's relation to Renton shall be at all times as an independent contractor. Any and all Workman's Compensation Act claims on behalf of Consultant employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Consultant's employees, while engaged in services provided to be rendered under this Agreement, shall be the solely Consultant's obligation and responsibility. 12. Compliance with Laws. Consultant and Consultant's employees and volunteers shall perform the services required in this Agreement in accordance with all applicable federal, state, county and city laws, rules, regulations, and executive orders. A copy of this language must be made a part of any contractor or subcontractor agreement. 13. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the services performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of services or any other benefits under this Agreement, or procurement of materials or supplies. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. In the event of non-compliance by the Consultant with any of the non-discrimination provisions of the contract, Renton shall have the right, at its option, to cancel the Agreement in whole or in part. If this Agreement is canceled after part performance, Renton shall be obligated to pay the fair market value or the contract price, whichever is lower, for good or services which have been received and accepted. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. Renton requires all businesses and individuals doing business in Renton to have and maintain a valid City of Renton business license. (For information contact licensing at 425-430- 6851). 14. Other Provisions: a. Administration and Notices. Each individual executing this Agreement on behalf of Renton and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of Renton or Consultant. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. This Agreement shall be administered by and any notices should be sent to: CITY OF RENTON CONSULTANT John Collum Paul Fuesel Community Development Project Manager Principal Community& Economic Development KPG 1055 South Grady Way 753 9th Avenue North Renton, Washington 98057 Seattle, WA 98109 b. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. c. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. d. Joint Drafting Effort. This Contract shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. e. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington. f. Severability. A determination by a court of competent jurisdiction that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of such provision of this Agreement, which shall remain in full force and effect. g. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. h. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either Renton or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. IN WITNESS WHEREOF, the Parties have entered into this Agreement effective as of Effective Date identified above. CITY OF RENTON CONSULTANT ' A° C C. E. "Chip" Vincent P. I Fuesel Administrator Principal Community & Economic Development KPG 1055 South Grady Way 753 9th Avenue North Renton, Washington 98057 Seattle, WA 98109 Date Date Approved as to Legal Form Attest 01:411.44,4.4_4e71496-.4—vki‘___. Lawrence J. Warren Jason Seth Renton City Attorney Renton City C -rk q/1 x //.5 Date I. e EXHIBIT A CITY OF RENTON DOWNTOWN CONCEPTUAL PARKLET DESIGN August 14, 2015 A. PROJECT DESCRIPTION/BACKGROUND In supporting the City's highly focused efforts to revitalize downtown, there is a desire to provide pedestrian-friendly amenities. One of these amenities is to provide parklet spaces that support existing businesses and improve the pedestrian spaces in downtown. This work will develop conceptual designs that can be presented to downtown stakeholders and be taken into final design and construction. B. ASSUMPTIONS The following assumptions were identified to provide direction with design: ❑ Conceptual parklet designs will provide scale, materials and aesthetic options. ❑ Conceptual drawings will be provided to select preferred option(s). ❑ No construction documents will be provided. ❑ No survey will be provided. ❑ Design will be based upon simple field measurements. ❑ The project will only identify issues related to construction and installation. ❑ A second phase will take preferred options to construction documentation and delivery method (Small Works Contractor, Advertisement to bid, City crews, etc.) ❑ Coordination with public artist City of Renton Downtown Conceptual Parklet Design KPG Project Number: 15103 1 August,2015 C. KPG DELIVERABLES Deliverables prepared by the Consultant are identified at the end of each task. D. CITY OF RENTON PROVIDED ITEMS: The City of Renton will provide/prepare the following: ❑ Submittal reviews, comments, and approvals ❑ Public notices and property owner mailing and postage ❑ Meeting room arrangements ❑ Standards developed through the Streetscape Design Guideline Effort ❑ Aerial and GIS information for parklet locations ❑ Primary coordination with Artist E. SCOPE OF WORK WORK ELEMENT 1—MANAGEMENT/COORDINATION/ADMINISTRATION The Estimated project duration is 1 months. 1.1 The Consultant will provide continuous project management for the project duration of the project through final design (estimate 1 months). 1.2 The Consultant will prepare monthly progress reports identifying work completed in the previous month, work in progress, upcoming work elements, and reporting of any delays, problems, or additional information needs. These reports will be submitted with the Consultant invoices. Work Element 1 Deliverables: ■ Monthly progress reports (2 months) WORK ELEMENT 2-COMMUNITY AND AGENCY COORDINATION Provide meeting minutes and action items from City arranged project meetings with cooperating stakeholders, city selected public artist and permitting agencies. (Assume 3 meetings) 2.1 Attend up to 2 stakeholder meetings. Provide meeting minutes and action items. 2.2 Attend up to 2 meetings with groups of abutting property owners and/or tenants. City of Renton Downtown Conceptual Parklet Design KPG Project Number: 15103 2 August,2015 Work Element 2 Deliverables: ■ Meeting Notes WORK ELEMENT 3—CONCEPTUAL PARKLET DESIGN The Consultant shall prepare Conceptual drawings for parket designs. 3.1 The Consultant shall field visit (2) locations to identify outstanding design issues. 3.2 The Consultant shall design parklet options and prepare the following graphics: • Examples of local parklets (1 sheet) • 2 aesthetic concepts for parklets for each location (4 images/sheets total) • Analysis of outstanding design issues (3 sheets,1 per location) 3.3 The Consultant show provide cursory input/conceptual design on street trees and landscaping on S 3rd St, in other areas where the parklets may not be located. Work Element 3 Deliverables: ■ .jpg images for each concept ■ Presentation boards for 11x17, 22x34 or slides ■ Conceptual planting plans 11x17 City of Renton Downtown Conceptual Parklet Design KPG Project Number: 15103 3 August,2015 HOUR AND FEE ESTIMATE Exhibit E-1 Project: CITY OF RENTON K P G DOWNTOWN CONCEPTUAL PARKLET DESIGN • Architecture • Landscape Architecture Date:8/20/2015 • Civil Engineering • Labor Hour Estimate Design Engineer) Design Senior EngineerProject Manager Lead Field Sr.Project Engineer) cADI Survey ger Survey Engineer surveyor/Urban Surveyor Technician Clercal Designer CPDD Hours Total Fee Effective Hourly Rate(2.615 Multiplier) $ 227.08 $ 163.43 $ 109.38 $ 159.77 $ 119.42 $ 93.04 $ 100.57 $ 74.18 Task Descriptton Direct Salary Costs(DSc) $ 86.84 $ 62.50 $ 41.83 $ 61.10 $ 45.67 $ 35.58 $ 38.46 $ 28.37 Work Element I-Project Management/Coortllna6on/Administration 1.1 Management and Administration(1 months) 0 1 0 0 0 0 0 0 1 $ 16343 1.2 Prepare monthly progress reports 0 1 0 0 0 0 0 1 2 $ 237.62 Reimbursable expenses-see breakdown for details $ _ Task Totals 0 2 0 0 0 0 0 1 3 8 401.05 Werk Element 2-Community and Agency Coordination 2.1 Attend stakeholder meetings(estimate 2) 0 4 0 0 4 0 1 0 0 8 $ 1,131.41 2.2 Attend property and business owner meetings(estimate 2) 0 4 0 0 4 0 1 0 0 8 $ 1,131.41 Reimbursable expenses-see breakdown for details $ 100.00 Task Total0 8 0 0 8 0 0 0 16 f 2,362.83 Work Element 3-Conceptual Parklet Design 31 Field tact 0 4 0 0 4 0 0 0 8 $ 1,131.41 3 2 Design and prepare graphics 0 4 0 0 40 0 0 0 44 $ 5,430.62 3 3 Conceptual planting design 0 0 0 0 4 0 _ 0 0 4 $ 477.69 Reimbursable expenses-see breakdown for details $ 50.00 Task Total 0 8 0 0 48 0 0 0 52 $ 7,089.73 TOTAL HOURS AND TOTAL ESTIMATED FEE 101181010156i0o 1 71 $ 9,853.61 City of Renton Downtown Conceptual Parklet Design 4 KPG Project Number.15103 August 2015 1 1 I HOUR AND FEE ESTIMATE Exnm:t E-1 Project: CITY OF RENTON K PG DOWNTOWN CONCEPTUAL PARKLET DESIGN Landscape Architecture ♦ Civil Engineering • Date: 8/20/2015 Reimbursable Breakdown Work Element 1-Project Management/Coordination/Administration Mileage(est.480 miles x 0.565 cents/mile) $ _ Reproduction $ _ Task 1-Total $ _ Work Element 2-Community and Agency Coordination Mileage(est.180 miles x 0.565 cents/mile) $ 100.00 Reproduction _ Task 2-Total $ 100.00 Work Element 3-Conceptual Parklet Design Mileage $ 50.00 Reproduction $ - Task 3-Total $ 50.00 TOTAL REIMBURSABLES: $ 150.00 City of Renton Downtown Conceptual Parklet Deisgn 5 KPG Project Number.15103 August 2015 Exhibit E-1 FEE SUMMARY K p G ♦ Architecture • Landscape Architecture Project: CITY OF RENTON • Civil Engineering • DOWNTOWN CONCEPTUAL PARKLET DESIGN Date: 8/20/2015 Description Estimated Fee Work Element 1 -Project Management/Coordination/Administration $401.05 Work Element 2-Community and Agency Coordination $2,362.83 Work Element 3-Conceptual Parklet Design $7,089.73 Total Estimated Fee $9,853.61 City of Renton Downtown Conceptual Parklet Design 6 KPG Project Number 15103 August 2015