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PW16-412 - Original - David Evans and Associates, Inc. - BNSF Railroad Quiet Zone - 11/22/2016
® Y „'k` Records Man" n KE-1 WASHIHGTON ��zz �Y�. Document 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: David Evans and Associates, Inc. Vendor Number: JD Edwards Number Contract Number: c I�- r L_1 } %_ This is assigned by City Clerk's Office Project Name: BNSF Railroad Quiet Zone Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 9/30/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Steve Mullen Department: Engineering Contract Amount: $83,133.00 Pl Approval Authority: (CIRCLE ONE) Department Director Mayor (City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide design services for the project. As of: BB/27/14 KENT CONSULTANT SERVICES AGREEMENT between the City of (Cent and David Evans and Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and David Evans and Associates, Inc. organized under the laws of the State of Oregon, located and doing business at 2106 Pacific Ave., Suite 400, Tacoma, WA 98402, Phone: (253) 250-0671, Contact: Alan Tebaldi (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide design services for the BNSF Railroad Quiet Zone. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by September 30, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty Three Thousand, One Hundred Thirty Three Dollars ($83,133.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. S1.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. I VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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 VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: ,} I 4� 0 J (signature) (signature) Print Names a1J aO , I Bfint NPme:_;Suzette Cooke Its ztasrt ! Its Its (title) _-' f DATE: i H l lit, DATE: )� F NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Alan Tebaldi Timothy J. LaPorte, P.E. David Evans and Associates, Inc. City of Kent 2106 Pacific Ave., Suite 400 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 250-0671 (telephone) (253) 856-5500 (telephone) (253) 922-9781 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: KerYt Law Department Dayld E,a,s®A,,odate,-RR Quiet Zone/Mullen CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: `� r` e R For: Wr aoy &IA4-t Title: :- a<^ ' Date: i t ka i EEO COMPLIANCE DOCUMENTS - 1 CITY OF (LENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of i Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: I EEO COMPLIANCE DOCUMENTS - 3 DAVID EVANS ANc ASSOCIATES wc. Scope of Services and Fee Proposal City of Kent Railroad Grade Crossing Improvements Exhibit A At the request of the City of Kent(CITY), David Evans and Associates, Inc. (DEA) is submitting this scope of services to provide design services for improvements at four grade crossings and fencing at select locations along the railroad right-of-way. The following describes the services that DEA will perform for the CITY under this Scope of Services. Background: The CITY has been working on establishing Quiet Zones at the BNSF Railroad Grade Crossings in downtown Kent. As a part of that process, the CITY would like to develop designs for pedestrian safety improvements, such as pedestrian gates and fencing, to support improved pedestrian safety in the proposed Quiet Zones. The CITY will continue their ongoing discussions with the BNSF and the WUTC regarding Quiet Zones and associated improvements. During those discussions, the CITY may request technical support from DEA. In addition, the CITY has identified sidewalk improvements approaching the grade crossings on W Gowe Street and W Meeker Street. Scope of Services: DEA will work directly for and on behalf of the CITY and will provide the CITY with design documents, cost estimates, technical support and sidewalk PS&E documents. DEA will perform its services for the work described in this scope of services following the degree of care and skill ordinarily established by professional design and following the standards of the industry. Assumptions: 1. The budget for the Scope of Services is based on a design schedule of 9 months, which is assumed to carry through PS&E deliverable. 2. DEA will attend bi-weekly project meetings of one hour duration each for a 9 month period. 3. The level of effort for a given work task is limited to the amount of labor and expenses indicated in Exhibit B. Out-of-scope services beyond these limits will be provided as Extra Work. DEA reserves the opportunity to shift budget between work tasks and between labor and expenses. 4. DEA will not perform any surveying as part of this scope of services. Any survey work requested by the CITY will be provided as Extra Work. 5. The CITY-provided basemaps will be in electronic format (AutoCAD 2014). The CITY will also provide to DEA a Civil 3D surface file and point files. The basemaps will include details of the existing crossings and surrounding surface features, drainage courses, driveways, landscaping, utilities, property lines, right-of-way limits, easements and other existing topographic features. Utilities have been field located and included in the basemaps. Missing information or data not in conformance with CITY standards will be provided and corrected by the CITY. 6. CITY provided title block format will be used. CITY will inform DEA about any required AutoCAD formatting and/or layering standards prior to DEA preparing plans. Any AutoCAD standard changes after initial drafting will be considered Extra Work. Scope of Services mid Fee Proposal Kent Grade Crossings October 13,2016 Page 2 7. The CITY will provide DEA with an AutoCAD template containing all the CITY AutoCAD layers, styles, etc. 8. Existing utilities identified as potential conflicts with proposed PROJECT improvements will be potholed by the CITY during the design phase. 9. Overhead utilities are properly located on the basemap. DEA will check for conflicts during an initial site visit. CITY will obtain utility height data for potential conflicts identified during the DEA site visit. 10. Designs will comply with the requirements of AREMA, MUTCD, BNSF, WUTC, and City of Kent Development Standards in effect as of the NTP date. Where conflicts exist between the standards they will be applied in the order listed. DEA will discuss standards with the CITY at the start of the PROJECT to ensure that both parties are in agreement with the applicable standards and details. 11. The CITY will prepare the contract bid package and insert the DEA-prepared plans and Special Provisions. 12. DEA will not perform any railroad crossing signal design. The extent of DEA railroad signal work will be limited to identifying possible locations of new pedestrian gates and the extent of new or modified vehicle crossing arms. BNSF consultants will perform railroad signal design. 13. The CITY will review project deliverables and provide one consolidated set of comments. DEA will make revisions based on CITY comments one time, resulting in a final deliverable. Additional revisions will be considered Extra Work. 14. The Design Review Committee comments will be limited to the fence type and will consist of one set of review comments at the 30% design stage. Once those comments are received DEA will work with the CITY to identify required fence type changes and those changes will advance to the 90%design. Design Review Committee comments will be limited to the fence type and will consist of one set of review comments at the 90% design stage. 15. DEA will not perform any roadway improvement designs other than minimal revisions to accommodate the sidewalk improvements. 16. No landscaping improvements are included as part of this scope of work. Landscape services can be provided as Extra Work. TASK 1 Project Administration and Coordination 1. Project Management a) Provide overall management and administration of the design, direct and supervise staff, and review work over the course of the project. b) Monitor the project budget by comparing the planned versus actual rate of expenditure for each element. Identify trends and coordinate with the CITY on possible corrective actions. Update the project budget on a monthly basis and submit to the CITY with the monthly invoice. c) Provide internal DEA review of deliverables prior to submittal to the CITY (QA/QC). 2. Project Meetings and Coordination a) Attend one kick-off meeting, assumed to be one hour duration, with CITY. The CITY shall schedule the meeting. DEA shall prepare the agenda, and distribute to attendees one week prior to the meeting. DEA will prepare meeting record and distribute to the attendees within two weeks of the meeting date. b) Coordinate with CITY staff for project data, design issues and project updates. Deliverables 1. Monthly progress report and invoice— 1 copy k? Scope of Services and Fee Proposal Kent Grade Crossings October 13,2016 Page 3 TASK 2 Design Task 2.1 —30% Design This task identifies the preliminary location of major project elements. Major elements shall be located in their final proposed locations to the extent possible considering factors such as underground and overhead conflicts and compliance with AREMA, ADA, MUTCD, BNSF and City of Kent standards for placement and visibility of elements. DEA will prepare the deliverables and submit to the CITY for review and comment. The CITY will compile all internal review comments and provide DEA with one comprehensive set of comments. DEA will perform the following work tasks as identified below: Prepare proposed horizontal layout of pedestrian gate equipment including pales, junction boxes, and conduit at Smith Street. Determine pedestrian escape areas approaching the pedestrian gates and use that information to develop sidewalk layouts. Prepare layout of sidewalks around railroad signal gates/poles and determine pedestrian pathway through the railroad crossing at the following locations: o Smith Street o James Street o Meeker Street o Gowe Street Identify concrete sidewalk surfaces and asphalt transition surfaces. Identify location of ADA compliant truncated domes. Identify crossing panel extensions necessary to accommodate the sidewalk alignment. Identify pedestrian routes that avoid or minimize the need for crossing panel extensions. Design of crossing panel extensions will be by others. Identify fence location east of the railroad tracks to prevent pedestrian trespass between Gowe Street&Titus Street. The fence design shall preclude use of the asphalt path as an illicit driveway to access Titus St but allow Kent Gypsum to have forklift access to unload railcars on siding track. Fencing will be assumed to be an decorative fence with steel posts, similar to the Sound Transit "Estate" fence. Design of fence will be coordinated with key downtown business interests and Economic and Community Development Department. This scope of work assumes two fence design revisions to accommodate stakeholder comments. This scope of services does not include any architect design for fence pillars. This scope of services does include design of basic square brick pillars at each end of the fence if requested by the City. Design an approximate 550 foot long WSDOT Type 3 chain link fence starting approximately 1,450 feet north of James Street. Prepare a cost estimate for each crossing location and for each fence installation. Deliverables: 1. Pedestrian Crossing Layout Plans (PDF format- 20-scale) a. Plans will include above ground locations for pedestrian gates,junction boxes, concrete sidewalks, asphalt sidewalks, ADA compliant truncated domes, signage and pavement markings 2. Fence Installations(PDF format-20-scale) a. Plans will include fence locations and any associated gates. Plans for the Gowe Street to Titus Street fence will include a details sheet with sufficient detail for aesthetic design review. 3. 30% Cost Estimate (MS Excel) Scope of Services and Fce Proposal Kent Grade Crossings October 13,2016 Page 4 a. Cost estimate will follow WSDOT standard bid items to the extent possible. Estimates will be based on WSDOT Unit Bid Analysis for the Northwest Region and recent bid tabulations furnished by the CITY. Task 2.2—90% Design This task involves incorporating CITY comments from the 30% design submittal as well as developing the plans to a greater level of detail. One round of revisions will be made to the plans and then submitted to the CITY for review and comment. The CITY will compile all internal review comments and provide DEA with one comprehensive set of comments. DEA will perform the following work tasks as identified below: 1. 90-Percent Design a) Revise 30% Plans i) Revise pedestrian crossing plans and fence plans based on CITY 30% comments. Update layout of pedestrian elements and fencing based on CITY comments and required design changes. Add detail drawings for project elements that were not included in the 30% documents. 2. 90-Percent Special Provisions a) Prepare PROJECT specific special provisions to supplement the standard City of Kent Special Provisions. Special provisions prepared by DEA will be inserted by CITY into the bid packet. 3. 90-Percent Cost Estimate a) Update the 30% cost estimate based on CITY comments. Include updated design information from the 90 percent plans and submit to CITY. Deliverables: 1. 90% Plans (PDF format- 20-scale) • Pedestrian Crossing Plans and Details (PDF format-20-scale) • Fence Plans and Details (PDF format- 20-scale) 2. 90% Cost Estimate (MS Excel) 3. 90% Special Provisions (MS Word) Task 2.3— PS&E This task involves incorporating CITY 90% review comments in one round of updates and submitting revised documents to CITY for approval. The DEA will perform the following work tasks as identified below: 1. Revise plans based on CITY 90% comments. Finalize the plans for advertisement for bid. 2. Update PROJECT specific special provisions based on the CITY comments. Finalize the special provisions for insertion by CITY into the bid packet. 3. Update the 90% cost estimate based on CITY comments. Include updated design information from the final plans and submit to CITY. Deliverables: 1. Final Construction Documents (PDF format and AutoCAD 14 files—20 scale) 2. Final Cost Estimate (MS Excel) 3. Final Special Provisions (MS Word) P. I Scope of Services and Fee Proposal Kent Grade Crossings October 13,2016 Page 5 TASK 3 Sidewalk Design This task identifies design and preparation of PS&E of sidewalk improvements on Meeker Street and on Gowe Street adjacent to the crossing improvements design in Task 2 of this scope of services. Sidewalk design shall include commercial driveways to existing parking areas per City of Kent commercial driveway standards. Driveways will be located a minimum of 60 feet from railroad grade crossing. Designs shall be in compliance with ADA, MUTCD and City of Kent standards. DEA will prepare the deliverables and submit to the CITY for review and comment. The CITY will compile all internal review comments and provide DEA with one comprehensive set of comments. DEA will perform the following work tasks as identified below: Task 3.1 —Meeker Street Sidewalk Design This task identifies sidewalk design on the south side of Meeker Street east of the grade crossing. The sidewalk will match into the sidewalk improvements designed under Task 2 on the west end and match into existing sidewalk at Railroad Avenue at the east end. 1. 30% Design a. Prepare layout of sidewalks. b. Prepare cost estimate. 2. 90% Design a. Revise sidewalk plans based on CITY 30% comments. Add detail drawings for project elements that were not included in the 30% documents. b. Prepare PROJECT specific special provisions to supplement the standard City of Kent Special Provisions. Special provisions prepared by DEA will be inserted by CITY into the bid packet. c. Update the 30% cost estimate based on CITY comments. Include updated design information from the 90 percent plans and submit to CITY. 3. PS&E a. Revise sidewalk plans based on CITY 90% comments. Finalize the plans for advertisement for bid. b. Update PROJECT specific special provisions based on the CITY comments. Finalize the special provisions for insertion by CITY into the bid packet. c. Update the 90% cost estimate based on CITY comments. Include updated design information from the final plans and submit to CITY. Deliverables: 1. 30% Sidewalk Plans (PDF format-20-scale) 2. 30% Cost Estimate (MS Excel) 3. 90% Sidewalk Plans (PDF format- 20-scale) 4. 90% Cost Estimate (MS Excel) 5. 90% Special Provisions (MS Word) 6. Final Sidewalk Plans (PDF format- 20-scale) 7. Final Cast Estimate (MS Excel) 8. Final Special Provisions (MS Word) Task 3.2—Gowe Street Sidewalk Design This task identifies sidewalk design on both the north and south sides of Gowe Street east of the grade crossing. The sidewalks will match into the sidewalk improvements designed under Task 2 on the west end and match into existing sidewalk at Railroad Avenue at the east end. Scope of Services and Fee Proposal Kent Grade Crossings October 13,2016 Page 6 1. 30% Design a. Prepare layout of sidewalks. b. Prepare cost estimate. 2. 90% Design a. Revise sidewalk plans based on CITY 30% comments. Add detail drawings for project elements that were not included in the 30% documents. b. Prepare PROJECT specific special provisions to supplement the standard City of Kent Special Provisions. Special provisions prepared by DEA will be inserted by CITY into the bid packet. c. Update the 30% cost estimate based on CITY comments. Include updated design information from the 90 percent plans and submit to CITY. 3. PS&E a. Revise sidewalk plans based on CITY 90% comments. Finalize the plans for advertisement for bid. b. Update PROJECT specific special provisions based on the CITY comments. Finalize the special provisions for insertion by CITY into the bid packet. c. Update the 90% cost estimate based on CITY comments. Include updated design information from the final plans and submit to CITY. Deliverables: 1. 30% Sidewalk Plans (PDF format- 20-scale) 2. 30% Cost Estimate (MS Excel) 3. 90% Sidewalk Plans (PDF format- 20-scale) 4. 90% Cost Estimate (MS Excel) 5. 90% Special Provisions (MS Word) 6. Final Sidewalk Plans (PDF format- 20-scale) T Final Cost Estimate (MS Excel) 8. Final Special Provisions (MS Word) DOCUMENTS TO BE FURNISHED BY DEA The documents, exhibits, or other presentations as described as Deliverables under SCOPE OF SERVICES ("Documents") will be furnished by DEA to CITY upon completion of the various tasks. Whether the Documents are submitted in electronic media or in tangible format, any use of the Documents on another project or on extensions of this project beyond the use for which they were intended, or any modification of the Documents, or conversion of the Documents to an alternate system or format will be without liability or legal exposure to DEA. CITY will assume all risks associated with such use, modifications, or conversions. DEA may remove from the electronic Documents delivered to CITY all references to DEXs involvement and will retain a tangible copy of the Documents delivered to CITY which will govern the interpretation of the Documents and the information recorded. Electronic files are considered working files only—DEA is not required to maintain electronic files beyond 90 days after project final billing, and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal. ITEMS AND SERVICES TO BE FURNISHED BY CITY CITY will provide the following items and services to DEA. DEA is entitled to rely on the accuracy and completeness of the items and services furnished by the CITY. 1. Sasemap in AutoCAD 2014 format, including topographic features, field located utilities, Civil 3D surface, survey point ASCII files, accurate survey control points and monuments throughout the project area, existing and proposed right of way boundaries and easements, and the most recent f: Scope of Services and Fee Proposal Kent Grade Crossings October 13,2016 Page 7 crossing design, including horizontal and vertical alignments, curbs, driveways, curb ramps, walls, signing channelization and utilities. 2. Existing Conditions base map in electronic format(AutoCAD 2014). 3. CITY standard details and title blocks in AutoCAD 2014 format. 4. Utility pothole information. 5. Rights-of-entry upon all lands necessary for the performance of the work described in the Scope of Services. EXTRA WORK All work not described above will be considered Extra Work. At the request of the CITY, DEA will perform Extra Work as a supplement to this Agreement. This work may include: 1. BNSF Coordination 2. WUTC Coordination 3. Topographic Surveying and Mapping 4. Bid Support 5. Construction Support TIME FOR PERFORMANCE The project will be complete by September 30, 2017. M:1PursuitslKlKent,City of(WA)1Railroad Crossing Improvements-9-20165Kent Grade Crossing Scope of Work-revised 10-12-16.docx Kent Grade Crossing Improvements Exhibit B David Evans and Associates, Inc. Direct Classification Hrs. x Rate = Cost Principal in Charge(PIC) 4 $ 90.00 $360 Managing Professional Engr(MGPE)-Civil 70 $ 64.00 $4,480 Managing Professional Engr(MGPE)-Rail 32 $ 65.00 $2,080 Sr. Professional Engineer(SPEN) 100 $ 55.50 $5,550 Professional Engineer(PFEN)-Civil 200 $ 41.20 $8,240 Professional Engineer(PFEN)-Rail 68 $ 51.50 $3,602 Administrative Assistant(ADMA) 64 $ 36.54 $2,339 Executive Administrator(EXAD) 18 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 Total Hrs. 556 Salary Cost $ 26,551 Salary Escalation Cost(estimated) Escalation-%of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost $ 26,551 Overhead Cost @ 181.82% of Direct Labor $ 48,274 Net Fee @ 30.0% of Direct Labor $ 7,965 Total Overhead&Net Fee Cost 56,239 Direct Expenses No. Unit Each Cost Reproduction Costs Copies 1000 pages @ $0.06 /page $ 60.00 Plans 0 sets @ $15 /set $ - '... Mail/Deliveries/Fed Ex 0 @ $20 $ - '.. Mileage 500 miles @ $0.566 /mile $ 282.50 Subtotal $ 343 David Evans and Associates Total $ 83,133 Subconsultants SubconsultantTotal $ _ Direct Expenses Sub-Total(including Subconsultants) $ 343 Total Costs $ 83,133 Page 1 of 1 D:Vy DocumentsWent Grade Crossing Improvements Fee Proposal-revised 9.2a-0 6.xlsx Printed:9/28/2016, 3:10 PM ;flex x xxx N xx oF» 0 � m r m . r o� r or a �m— �t N F O `d �c .y p (OVX3)_Nw2 m U �ol�gswwPtl inY5oax3 r'` I a N 9 IVW�]V)9 S C n N Welsissy anYWl?wwp �° m ` 1 C Ipu ('.J'-d C n o y � iaaui6u31eua�3s'ajwd n-_ 11I N N m Y In0 (N3dd)g C o 0 0 0; o o o: m �aaul6u3)euPlssalWd r= TN3d5)9 C a u,6ug leuoissalmd, g rp I '. mmm ;ry m �6ud leuolssalmyfiul6aueW r.= ' In10 I3d`Jrv)o m _ ie 31euo ssa)oid 6 16eueW r (old)aBiepO w leduuud o L a, ti w � a 4O � f N r w — u v N � v a 'e N c W A �d y2 s Z U O E n v c Y L LL f EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage, 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed _ operations, personal injury and advertising injury, and liability x assumed under an insured contract. The Commercial General.---m Liability insurance shall be endorsed to provide the Aggfegate Per Project Endorsement ISO form CG 25 03 it&5:'"The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 14-#5 or a substitute endorsement providing equivalent coverage. ryTll 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim and $4,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 'a_-. 11 P 'la.r a'_`a 4,lfq+`F£;.i:�' 3. The City of Kent shall be named as ap,additional insured on all policies (except Professional Liability as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. AIC4 17 CERTIFICATE OF LIABILITY INSURANCE DATE/9/IDDIYYYY) lz/1/2o16 9/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT LOCICIDR Companies NAME: 444 W.47th Street,Suite 900 PHONE FAX C __ (AIC Noy: Kansas City MO 641 12-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE _ NAIC p INSURER A:Airich American insurance Company 16535 INSURED DAVID EVANS AND ASSOCIATES,TNC. INSURER B:Endurancc American Insurance Company 10641 1421211 2100 SW RIVER PARKWAY INSURER C:Lloyds of London _. PORIZAND OR 97201 INSURER 0. INSURER E: _- INSURER F COVERAGES DEAIN01 CERTIFICATE NUMBER: 14370484 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDDIIYYYY MMIDD!YYY LIMITS R A X COMMERCIAL GENERAL LIABILITY Y N GL,09830389 12/1/2015 12/1/2016 EACH OCCURRENCE $ $1 U00000 DAMAGE TO RENTED CLAIM-MADE [XI DCCUR PREMISES Ea o vLIIV 1 $ $300 UUU MED EXP(Anyona person) $ $10000 PERSONAL&AOV INJURY $ $1 OODUOO GEN'L AGGREGATE LIMIT APPLIES PF_R: GENERAL AGGREGATE $ $2000000 POLICY F JECOT LOC PRODUCTS-COMP/OP AGG $ $2,000,000 OTHER: A AUTOMOBILE LIABILITY Y N BAP 9R30390 12/1/2015 12/1/2016 COMBINED SINGLE LIMIT $ 1 000 000 Ea a cadent X ANYAUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Far eccldent) $ }_VY }i'XX AUTOS ONLY AUTOS - - — HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX X AUTOS ONLY X AUTOS ONLY { IPer ecrdent) $ xxxxXXX I. B UMBRELLA LIAB X I OCCUR Y N EXC10005994301. 12,11/2015 12/1/2016 EACH OCCURRENCE $ 2,000000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 2,000 000 ❑ED RETENTION$ $ X'X'X'X'X'X'X WORKERS COMPENSATION PPR OTH A AND EMPLOYERS'LIABILITY y I N WC 933662E 12/1/2015 12/1/2016 GTArUTE N ER ANY PROPRIETCWPARTNERIEXECUTNE NIA E.L.EACH ACCIDENT $ 1 OOO OOO OFFICERIMEMBER EXGI 110ED'1 (Mandatory In NH) C.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,daecribe under EL.DISEASE-POLICY LIMIT $ l OOU00O DESCRIPTION OF OPERATIONS below O PROFESSIONAL N N LDUSA1504625. 12/1/2015 12/l/2016 $2,000,000 PER CLAIM LIABILITY $4,000,000 AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1111,Additional Remarks Schedule,may be attached if more space is required) THIS CER'rIPICATE SUPERSEDES ALL PRIiVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CANRIBItS LISTED AND TIM,POLICY TERM(S)REFERENC➢D, RE:CKTX000000D9;BNSF IWLROAD QUIET ZONE,-KEN I GRADE CROSSING IMPROV HMEN'I'S.THE CITY OF RENT IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY,AUTO LIABILITY AND UMBRELLA/EXCESS LIABILITY,AS REQUIRED BY WIN I I DIN CONTRACT.THE GENERAL LIABILITY AND AUTO IIABILITY COVERAGES ARE PRIMARY,AS REQUIRED BY WRITTEN CONTRAC I'.'CHE ADDITIONAL iNSUR EDS'OIAN COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH THE GENERAL IJABILI'I'Y,AND ON THE AUTO LIABILITY AS RESPECTS THE USE.OF V IiH ICLBS OWNED BY DAVID EVANS& ASSOCIATES,INC.WIIBRI;REQUIRED BY WRITTEN CONTRAC I'. CERTIFICATE HOLDER CANCELLATION See Attachments 14370484 CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CY Y OSHITAICL' THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: NAN 40OWEST CYY ACCORDANCE WITH THE POLICY PROVISIONS. OWE KENT WA 98032 AUTHORIZED REPRESENTATIV[zf �l/l( ©190BC2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL09830389 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations _ Any person or organization to whom or to which Any location where you have agreed, through you are required to provide additional insured written contract, agreement of permit, to status in a written contract or written agreement provide additional insured coverage, except except where such contract or agreement is where such contract or agreement is prohibited by law. prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) additional insureds, the following additional or organization(s) shown in the Schedule, but exclusions apply: only with respect to liability for"bodily injury", This insurance does not apply to "bodily injury" "property damage" or"personal and advertising or"property damage"occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with 2. The acts or omissions of those acting on such work, on the project (other than your behalf; service, maintenance or repairs) to be in the performance of your ongoing operations performed by or on behalf of the additional for the additional insured(s) at the location(s) insured(s) at the location of the covered operations has been completed; or designated above. However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted other than another contractor or by law; and subcontractor engaged in performing If coverage provided to the additional insured is operations for a principal as a part of the required by a contract or agreement, the insurance same project. afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Miscellaneous Attachment: M503337 Certificate ID: 14370484 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III -Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most applicable Limits of Insurance shown in the we will pay on behalf of the additional insured is Declarations the amount of insurance: 1. Required by the contract or agreement; or Miscetlaneous Attachment:M503337 Ccrtificate ID: 14370484 POLICY NUMBER: GLO 9830389 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: THE GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER, A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A(SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of"bodily injury" or"property damage" included in the"products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. Miscellaneous Attachment:M463790 Certificate ID: 14370484 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A(SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C.When coverage for liability arising out of the"products-completed operations hazard" is provided, any payments for damages because of"bodily injury'or"property damage" included in the "products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of(SECTION III )- Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Miseellaneo➢s Attachment:M463790 Certificate ID: 14370484 POLICY NUMBER: BAP 9830390 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s) who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: See attached Certificate Endorsement Effective Date: 12/1/2015 SCHEDULE Name of Person(s) or Organization(s): Any person or organization to whom or which you are required to provide additional insured status in a written contract or written agreement executed prior to the loss, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form Miscellaneous Attachment: M503359 Cerbficate LD: 14370484 CA CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 REQUEST F MAYOR'S SIGNATURE ® . Routing Information: 4 „� vw (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)£� Approved by Dt Originator: Phone (Originator): Steve Mullen 5585 Date Sent: , i�aP� Date Required: Return Signed Document to: Nancy Yoshitake Contract Termination Date: 9/30/17 VENDOR NAME: Date Finance Notified: David Evans and Associates, Inc, (Only required on contracts j �1/15/16 20 000 and over or on an. Grant DATE OF COUNCIL APPROVAL. i Date Risk Manager Notified:N/A 11/15/16 (Required on Non tit Standard Contracts A regiments Has this Document been Specificall Account Number: R00016 Authorized in the Butl et? ® YESNO Brief Explanation of Document: The attached agreement is for David Evans and Associates to develop designs for pedestrian safety improvements for the BNSF Quiet Zone project. AI/Contracts Must Be !touted Through The'Law Department (This area to be completed by the Law D par ent) Law Dept. Comments: — Date Forwarded to Ma or: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: p Dis ositlon: Date Returned: P-Civ1rFm x metl sne RSquesP]r MxDr.8� lu etloir T Agenda Item: Consent Calendar - 7M TO: City Council DATE: November 15, 2016 SUBJECT: Consultant Services Agreement with David Evans & Associates for Design Services for the Quiet Zone - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with David Evans and Associates, Inc., in an amount not to exceed $83,133, for engineering design services and technical assistance related to railroad grade crossings in support of the City's proposal to establish railroad quiet zones on the Burlington Northern Sante Fe (BNSF) and Union Pacific (UP) railroad mainline tracks throughout the City, subject to final terms and conditions acceptable to the city attorney and public works director. SUMMARY: The City desires to establish railroad quiet zones on the Burlington Northern Sante Fe (BNSF) and Union Pacific (UP) railroad mainlines through Kent. The City conducted railroad diagnostic studies on each of the mainline tracks, which yielded recommended improvements in order to establish quiet zones. Railroad grade crossings involve specialized expertise to insure that improvements meet all federal requirements related to railroads. A review committee selected the consultant from those listed on the Municipal Services Research Center consultant services roster. The scope of work and fee schedule was negotiated to address the improvements recommended by the diagnostic teams. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Boyce, Ralph NAY: BUDGET IMPACTS: Funding for this contract will come from the Railroad Quieter Zones project budget, project number R00016, authorized by the City Council. CERTIFICATE OF LIABILITY INSURANCE DATE(MMMDIYI'1'17 12/1/2017 11/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endomement(s).COCT . PRODUCER Lockton Companies NAME 444 W.47th Street,Suite 900 PHONE FAX Kansas City MO 64112.1906 A* A , (816)960-9000 oo EBsr INSURER AEFOfl01N0 COVERAGE NAIC/ INSURER A:Zurich American Insurance Company 16535 INSURED DAVID EVANS AND ASSOCIATES,INC. INSURER B_Endurance American Insurance Company 10641 1421211 2100 SW RIVER PARKWAY INSURER c:Lloyd,_91LUriftL_—____ PORTLAND OR 97201 MUN o. INSURER E; INSURER F: COVERAGES..-DEAIN01 CERTIFICATE NUMBER: 14370484 REVISION NUMBER: XXXXXX THIS IS TO CERTIFY THAT THEPOLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILT.R TYPE OF INSURANCE laD L UBR POUCYNUMBER ( MMlip EFF MMODNYP' LIMITS A TXCOMMERCRL GENERAL LIABILITY Y N GLO9830389 12/1/2016 12/WO17 EACH OCCURRENCE 5,$1000000 CWMS.MAOE OCCUR ( PAEMIBES fEe urran� S $300,000 MED UP(An one person) S $10,000 PERSONAL B ADV INJURY $ $1.000000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S $2000000 I E- 1:1 LOG PRODUCTS a $2,000,000 POLICY�j OTHER: $ A AUTOMOBILE LIABILITY Y N BAP9830390 1211/2016 12/1Y1017 IF.Mamil cLEUMIT _ $ $L000.000 X ANY AUTO BODILY INJURY(Per person) $ xxxx xx OWNED SCHEDULED BODILY INJURY(Per ecGtlan[) $ Yvwv AUTOS ONLY - AUTOG _—__ $ xxxymX _ X HIRED X NON-OWNED PRCPE_Wff AMAGE— $ jb.C.X�.�. AUTOS ONLY AUTOS ONLY Pa,accked ri $ XXXX7{XX 13 UMBRELLALUU3 X OCCUR Y N EXCID005994302, ( 121112016 12/1/2017 EACHOCCURRENCE a2000000 X EXCESS LIAS N (LAIMS-MADE AGGREGATE S 2 000 000 DEO I I RETENTION$ S XXXXXXX WORKERS COMPENSATION A N AND EMPLOYERS'LIABILITY YIN WC 9736626 . 12/I/2016 12/1/2017 _. I STATUtE _. ANY PROPMETORUPARTNER/EXECUTIVE FN NIA ! ELE EN ACHACCIDT $-(900000-. OF90EMEMBER EXCLUDED? (M.mlImUr In NH) E_LDISEASE-EA EMPLOYEE SSt 000000 -_ Ryyes scAesunds, OESCRIPT)ON OF OPERATIONS Lem E.L.DISEASE-POLICY LIMIT $ ] 000000' C PROFESSIONAL N N LDUSA1604625. 12/1/2016 12/1/2017 $2,000,000 PER CLAIM LIABILITY S4,000,000AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES IACORD 101,AddWaral Remmhs Schedule,maybe albchad If more apace is required) '. RE;CKTX00000009;BNSF RAILROAD QTIIET ZONE-LCENT GRADE CROSSING IMPROVEMENTS.THE CITY OF T IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY,AUTO LIABILI'L'YAND UMBRELLA/EXCESS LIABILITY,AS REQUIRED BY WRITTEN CONTRACT.THE GENERAL LIABILITYANDAUTO LTABMYrY COVERAGES ARE PRIMARY,AS REQUIRED BY WRITTENCONTRACT.TUEADDITIONAL INSUREDS'OWN COVERAGE IS EXCESS OFAND NON-CONTRIBUTORY WITH THE GENERAL LIABILITY,AND ON TH13 AUTO LIABILITYAS RESPECTS THE USE OF VEHICLES OWNED BY DAVID EVANS& ASSOCIA]'ES,INC.WHERE REQUIRED BY WRITTEN CONTRACD CERTIFICATE HOLDER CANCELLATION Soo Attachments 14370484 CITY OF KL'NT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:NANCY YOSHI.1-AKE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 WEST GOW E ACCORDANCE WITH THE POLICY PROVISIONS. KENT WA 98032 AUTHORIZED RHPRESENTATI� ' TM A 0 108SC9015 ACORD CORPORATION. All rights reserved, ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD Pw I(P-�fi ! POLICY NUMBER:GLO9830389 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Oraanization(s) Locations Of Covered Operations Any person or organization to whom or to which Any location where you have agreed, through you are required to provide additional insured written contract, agreement of permit, to status in a written contract or written agreement provide additional insured coverage, except except where such contract or agreement is where such contract or agreement is prohibited by law. prohibited by law. Information required to complete this Schedule if not shown above will be shown In the Declarations. A.Section II -Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) additional insureds, the following additional or organization(s) shown in the Schedule, but exclusions apply: only with respect to liability for"bodily Injury", This insurance does not apply to"bodily injury" "property damage"or"personal and advertising or"property damage"occurring after: Injury"caused,in whole or in part, by, 1. All work, including materiels, parts or 1. Your acts or omissions;or equipment furnished in connection with 2. The acts or omissions of those acting on such work, on the project (other than your behalf; service, maintenance or repairs) to be in the performance of your ongoing operations performed by or on behalf of the additional for the additional insured(s) at the location(s) insured(s) at the location of the covered designated above, operations has been completed; or However: 2. That portion of "your work' out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its insured only applies to the extent permitted intended use by any person or organizationother than another contractor or by law•,and subcontractor engaged in performing If coverage provided to the additional insured is operations for a principal as a part of the required by a contract or agreement, the insurance same project. afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. Miscellaneous Attachment:M503337 Certificate ID: 14370484 i 2, Available under the applicable Limits of C. With respect to the Insurance afforded to these pp P additional insureds, the following is added to Insurance shown In the Declarations; Section III-Limits Of Insurance: whichever Is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most applicable Limits of Insurance shown in the we will pay on behalf of the additional insured is Declarations the amount of insurance: 7. Required by the contract or agreement; or i I Miscellaneous Attachment:M503337 Certificate ID: 14370484 I, POLICY NUMBER: GLO 9830389 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: THE GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER,A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under COVERAGE A(SECTION I),and for all medical expenses caused by accidents under COVERAGE C (SECTION I ),which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.A separate Designated Construction Project General Aggregate Limit applies to each designated construction project,and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2,The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A,except damages because of"bodily injury"or"property damage"included in the"products-completed operations hazard",and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing "suits". 3.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project.Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4.The limits shown in the Declarations for Each Occurrence,Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations,such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. Miscellaneous Attachment:M463790 Certificate ID: 14370484 B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under COVERAGE A(SECTION I ), and for all medical expenses caused by accidents under COVERAGE C(SECTION I ),which cannot be attributed only to ongoing operations at a single designated construction project shown In the Schedule above: 1.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable;and 2.Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C.When coverage for liability arising out of the"products-completed operations hazard" is provided,any payments for damages because of"bodily injury"or"property damage"Included in the"products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D.If the applicable designated construction project has been abandoned, delayed,or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. E.The provislons of(SECTION III)-Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 05 09 © Insurance Services Office,Inc.,2008 Miscellaneous Attachment:M463790 Certificate rD: 14370484 POLICY NUMBER: BAP 9830390 COMMERCIAL AUTO CA 20 48 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM I With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement Identifies person(s)or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: See attached Certificate Endorsement Effective Date: 12/1/2016 SCHEDULE Name of Person(s) or Organization(s): Any person or organization to whom or which you are required to provide additional insured status In a written contract or written agreement executed prior to the loss,except where such contract or agreement Is prohibited by law. Information required to complete this Schedule, If not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an"insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2, of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form Miscellaneous Attachment:M503359 Certificate ID: 14370484 CA CA 20 4810 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1