Loading...
HomeMy WebLinkAboutPW08-140 - Amendment - #1 - Mirai Associates, Inc. - Revise Consultant Name from Mirai Associates, Inc. to Fehr & Peers, Inc. - 08/07/2009 Records MIZ. eme KENT Document WASH INOTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Fehr & Peers, Inc. Vendor Number: JD Edwards Number Contract Number: fw�,._ 140 This is assigned by City Clerk's Office Project Name: Transportation Master Plan Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date:10/31/10 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Cathy Mooney Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Complete work on the Transportation Master Plan. cm 1 Iz11�t S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT v,,.=.,.o,o. AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT (between City of Kent and Fehr&Peers,Inc., formerly Mirai Associates, Inc.) THIS AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT ("Amendment") is made between the CITY OF KENT, a Washington municipal corporation ("City"), and FEHR & PEERS, Inc., a California corporation ("Consultant"), formerly known as Mirai Associates, Inc. I. RECITALS 1.1 City entered into a Consultant Services Agreement ("Agreement") with Mirai Associates, Inc. on May 26, 2008, wherein the City agreed to contract with Mirai Associates, Inc. for its consultation services with respect to Phase 2 of the City's Transportation Master Plan. The term of that Agreement expires December 31, 2009. 1.2 Since executing the Agreement, Mirai Associates, Inc. merged with Fehr& Peers, Inc. The parties desire to amend the Agreement in order to revise the business name of Consultant from Mirai Associates, Inc. to Fehr & Peers, Inc. The term of that Agreement expires December 31, 2009. 1.3 The City and Consultant express their mutual intent and desire to extend the Agreement through March 31, 2010 in accordance with the same provisions set forth in the original Agreement, except as modified within this Amendment. In addition, the parties wish to ratify and affirm any and all acts consistent with the authority of the Agreement and prior to the effective date of this Amendment. II. AMENDMENT NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, City and Consultant agree as follows: 2.1 Business Name of Consultant - Revised. The name of the Consultant performing the services under the Agreement shall be revised from Mirai Associates, Inc. to Fehr & Peers, Inc. The business address and phone number of the Consultant shall remain as that referenced in the Agreement. 2.2 Ratification. All acts consistent with the authority of the Agreement and prior to the effective date of this Amendment are hereby ratified and affirmed, and the terms of the Agreement and this Amendment shall be deemed to have applied. AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT - 1 (btwn. City of Kent and Fehr&Peers, Inc.,formerly Miral Associates,Inc.) 2.3 Additional Services to be Performed. Consultant shall perform the following additional services in accordance with the same provisions set forth in the original Agreement: Continue to provide project administration and serve as liaison to City staff during the implementation of the Transportation Master Plan. For a description of these additional services, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. The additional compensation due Consultant for these additional services shall be $116,400.00, which amount includes applicable Washington State sales tax, if any. The revised compensation due Consultant under the Agreement and this Amendment No. 1 is $321,053.00. 2.4 Remaining Provisions. Except as specifically amended by this Amendment, all remaining provisions of the Agreement shall remain in full force and effect. IN WITNESS, the parties have executed this Amendment, which shall become effective on the last date executed below. FEHR & PEERS, Inc.: CITY OF KENT: (formerly, Mirai Associates, Inc.) By: t By: <�L Z��IZ7 - Print Name: ee !znm c�a 4 1 Print • Suzette Cooke Title: P,- 'V1 e . o a 1 Titl . Mayor Date: 71�i�o 9 Dat 8 7 O APPROVED AS TO FORM: JWVA'� By ' - 4 Ci of Jel-aw Department ATTEST: By: Brenda Jacober, City Clerk Fehr&Peers-TMP Ph 2 Amd 1/Mooney AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT - 2 (btwn. City of Kent and Fehr&Peers,Inc., formerly Miral Associates,Inc.) s; EXHIBIT A Original Budget $204,653 Additional budget needed to complete: $116,400 Adjusted total: $321,053 Task 0: Project Management Additional budget needed to complete: $11,000 Justification: We budgeted to be complete by June 2009. However we now anticipate that it will take into the first quarter of next year to complete the scope of work. We have adjusted the completion date to March 31, 2010. Task 1: Concurrency Management Program Additional budget to complete: -$8,900 Justification: We originally budgeted $51,952 for this task. We are well along with our work on this task and estimate that we will complete below budget. We can achieve some budget savings on this task. Task 2: Prioritize Non-motorized Project List Additional budget to complete: $17,900 Justification: Originally budgeted $19,829. It actually cost almost double that. Additional reviews were needed of the prioritization process. We tested various combinations of projects and worked them through with extra reviews by KBAB, incorporated their suggestions and reworked the priorities again. This task also involved additional GIS analysis of new sidewalk needs and sidewalk repair priorities. Task 3: Operations and Maintenance Costs Additional budget to complete: $0 Justification: Task is underway and can be completed within the original budget. Task 4: Street Design Standards Additional budget to complete: $0 Justification : This task was deleted and the funds were reallocated to other tasks. Task 5: Traffic System Management: Additional budget to complete: $44,000 Justification: The number of intersections for signal timing analysis has increased from 40 to 58, including 11 midday locations not originally budgeted for. Costs for traffic counts which are necessary to do signal timing analysis were not included in the original contract. The City was going to get those counts. However, the City has not been able to add the staff necessary to collect traffic counts so that has to be contracted for' again this year. The level of effort for signal timing was re-estimated based upon better knowledge of the City's signal system and data availability. The current estimate is $1,325 per intersection for signal timing analysis, which is much less than the $2,500-$3,500 which is typical in the industry for such studies. Task 6: Data Management Additional budget to complete: -$3,600 Justification: This task is underway. This is the project which is identified in the TMP, Chapter 10, Implementation, as the "'Annual Mobility Report Card". We are developing a template document to use in this and future years to monitor progress and performance of the City's transportation systems. We should be able to achieve some budget savings on this task. Task 7: Business Funding Process Additional budget to complete: $0 Justification : Task is complete. This budget was used to support Council funding decisions and coordination with the impact fee effort. Task 8: Transportation Impact Fees Additional budget to complete: $56,000 Justification: Task is nearing completion but this task was never included within the original TMP Phase 2 Scope of Work or Budget. At the time of the original contract (Spring 2008) the impact fees were considered to be close to adoption. Since that time considerable effort has been expended in reanalysis of the impact fee rates, meetings with Council and stakeholders, and comparison of impact fee rates with other jurisdictions. Funds were borrowed from other tasks to complete these activities. ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DAT03/09D/YY) OB/03/09 PRODUCER LIC #OE67768 1-925-416-7862 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IDA Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3875 Hopyard Rd., Suite 240 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton, CA 94588 INSURERS AFFORDING COVERAGE Leslie Pancoast, CIC, RPLU INSURED INSURER A:Travelers Indemnity Company of America Fehr & Peers INSURER B:Travelers Indemnity Company of CT 100 Pringle Avenue, Suite 600 INSURER C:Travelers Property Casualty Co. of America Walnut Creek, CA 94596 INSURERMACE American Insurance Company INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MMIDDIYYI LIMITS A GENERAL LIABILITY 6805978L604 11/01/08 11/01/09 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1,000,000 CLAIMS MADE a OCCUR MED EXP(Any one arson) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO LOC B AUTOMOBILE LIABILITY BA5980L010 11/01/08 11/01/09 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESS LIABILITY CUP7600YI74 11/01/08 11/01/09 EACH OCCURRENCE $5,000,000 X OCCUR CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE $ RETENTION $ $ WC WORKERS COMPENSATION AND OOR LIMIT ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYE $ E.L.DISEASE-POLICY LIMIT 1$ OTHER D Professional Liability G21663049006 12/06/08 12/06/09 Per Claim $1,000,000 Annual Aggregate $2,000,000 $ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS All operations of the Named Insured, including project referenced below, if any. General Liability: See Additional Insured endorsement attached. General Liability/Auto Liability: City of Kent is named additional insured; Primary/Non-contributory. Professional services for City of Kent Transportation Master Plan - Phase 2, SE08-0080 CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION* 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL DELI WV4MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,WJrr X19X9X5X0D7 YKX Me. Cathy Mooney XAGpt169[ac10ffi7tlffi[1t7ID7t1tlfOrpgXXA41di1[17X�tlEXARi4dtaA0lfXl�]ti107p�21C7(p�4!>CAE1Q) g7FR7dCffiP[X 400 West Gowe X $ )(I$uXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Kent, WA 98032 AUTHORIZED REPRESENTATIVE -p USA /�GrcG4.-QJ e. ACORD 25-S(7/97) YBettencourt ACORD CORPORATION 1988 12716025 Certificate Delivery by CertificatesNow-www.ConfirmNet.com-877.669.8600 J Client#: 13635 FEHRPEERS ACORD. CERTIFICATE OF LIABILITY INSURANCE 0DATE 8/03/09D ) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland,CA 94604-2675 510 465-3090 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hartford Underwriters Insurance CO Fehr&Peers INSURER B: 100 Pringle Ave,Suite 600 INSURERC: Walnut Creek,CA 94596 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LT TYPE OF INSURANCE POLICY NUMBER DATE M DD DATE DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS-COMP/OPAGG $ POLICY PROCT LOC JE AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 57WEK06130 05/01/09 05/01/10 X WCSTATU- OTH- O Y S E EMPLOYERS'LIABILITY Incl.WA Stop Gap E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE-EA EMPLOYEE $1,000,000 E.L.DISEASE-POLICYLIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSAIEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE:ALL OPERATIONS OF THE NAMED INSURED.Professional services: City of Kent Transportation Master Plan Phase 2,SE08-0080. CERTIFICATE HOLDER ADD mONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF, THE ISSUING INSURER WILL XK xjPMAIL30_DAYSWRITTEN Attn: Ms.Nancy Yoshitake NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,BX3MAW=A)IP107P7W7 k#=X 400 W.Gowe K4HGE6R aKOBJCNXlPR71MXKtlQ1QXIP1P71N11R )Olgc Kent,WA 98032 XX13=KXW)MX AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 1 #M252215 NMF ©ACORD CORPORATION 1988 POLICY NUMBER: 680597BL604 COMMERCIAL GENERAL LIABILITY DATE ISSUED: 08/03/09 NAMED INSURED: Fehr & Peere THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED B. The following is added to Paragraph a. of 4. Other (Section II): Insurance in COMMERCIAL GENERAL LIABILITY Any person or organization that you agree in a 'contract CONDITIONS(Section IV): or agreement requiring insurance" to include as an However, If you specifically agree in a 'contract or additional Insured on this Coverage Part, but only with agreement requiring insurance" that the Insurance respect to liability for "bodily injury", "property damage" provided to an additional insured under this Coverage Part or "personal injury' caused, in whole or in part, by your must apply on a primary basis, or a primary and non- acts or omissions or the acts or omissions of those contributory basis, this insurance is primary to other acting on your behalf: insurance that is available to such additional insured a. In the performance of your ongoing operations; which covers such additional insured as a named insured, b. In connection with premises owned by or rented to and we will not share with the other insurance, provided you;or that: c. In connection with "your work" and included within (1) The"bodily injury'or"property damage"for the"products-completed operations hazard". which coverage is sought occurs;and Such person or organization does not qualify as an (2) The"personal injury"for which coverage is additional insured for "bodily injury', "property damage" sought arises out of an offense committed; or"personal injury" for which that person or organization after you have entered into that 'contract or agreement has assumed liability in a contract or agreement. requiring insurance". But this insurance still Is excess The insurance provided to the additional insured is over valid and collectible other insurance, whether limited as follows: primary, excess, contingent or on any other basis, that is d. This insurance does not apply on any basis to any available to the insured when the Insured is an additional person or organization for which coverage as an Insured under any other insurance. additional insured specifically is added by another C. The following is added to Paragraph 8. Transfer Of endorsement to this Coverage Part. Rights Of Recovery Against Others To Us in e. This insurance does not apply to the rendering of or COMMERCIAL GENERAL LIABILITY CONDITIONS failure to render any"professional services". (Section IV): f. The limits of insurance afforded to the additional We waive any rights of recovery we may have against any insured shall be the limits which you agreed in that person or organization because of payments we make for "contract or agreement requiring Insurance" to "bodily injury', "property damage" or "personal injury" provide for that additional Insured, or the limits arising out of "your work" performed by you, or on your shown in the Declarations for this Coverage Part, behalf, under a 'contract or agreement requiring whichever are less. This endorsement does not insurance" with that person or organization. We waive increase the limits of insurance stated in the LIMITS these rights only where you have agreed to do so as part OF INSURANCE (Section III) for this Coverage of the 'contract or agreement requiring insurance" with Part. such person or organization entered into by you before, and in effect when, the "bodily injury' or "property ®2007 The Travelers Companies,Inc. CG D3 81 09 07 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page I of 1 damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury"is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect;and C. Before the end of the policy period. CG D3 82 09 06 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 Copyright,Insurance Services Office,Inc.,1988 REQUEST FOR 'MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT This form mast be panted o� cherry paper WASH 1 NGTO N-. Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Cathy Mooney Phone (Originator): 5564 Date Sent: 8/4109 Date Required: 8/11/09 Return Signed Document to: Nancy Yoshitake CONTRACT TERMINATION DATE: 3/31/10 VENDOR NAME: Fehr& Peers, Inc. DATE OF COUNCIL APPROVA 7/21/09 Brief Explanation of Document: The attached amendment is for the consultant to complete work on the Transportation Master Plan Phase 2. All Contracts Must Be Routed Through the Law Department RECEIVED (This Area to be Completed By the Law Department) Received: Au(7 Approval of Law Dept.. city' of Kent Law Dept. Comments: AUG 0 2!)09 is the Mayor U Date Forwarded to Mayor: Shaded Areas to Be Completed by Administration Staff Received: ' Recommendations & Comments: AUG- Disposition: e 7 49q CITI OF I(ENT /dL�� Date Returned Iage5870_templatebase • 2/07