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HomeMy WebLinkAboutPW16-412 - Amendment - #3 - David Evans and Associates, Inc. - BNSF Railroad Quiet Zone - 06/21/2018 ANT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. ❑ Blue/Motion Sheet Attached ❑ Pink Sheet Attached Vendor Name: David Evans and Associates Vendor Number (JDE): Contract Number (City Clerk): ICI ILP-1-112- 0011 Category: Contract Agreement Sub-Category (if applicable): Am,end,ment,.,.,,_,,, Project Name: Railroad Quiet Zone Contract Execution Date: 6/21/18 Termination Date: 12/31/18 Contract Manager: Rob Brown Department: PW: Engineering Contract Amount: NA Approval Authority: ❑ Director ❑ Mayor ❑ City Council Other Details The time extension is necessa_ry to continue the work to comolete the quiet zone at the Union Pacific and B q NSF railroads. `•••••�' K E N T W A9NIucTaH AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: Pamid Ems and Amgdatog Inc. CONTRACT NAME & PROJECT NUMBER: Railroad Grade Crossing Imprgmement ORIGINAL AGREEMENT DATE: Novi err 22, 2016 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Provide design services for improvements at four grade crossings. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and mcorpo ated by this reference. 2. The contract amm time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $83,133.00 including applicable WSST Net Change by Previous Amendments $0 _- including applicable WSST Current Contract Amount $83,133.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $83,133.00 AMENDMENT - 1 OF 2 Original Time for Completion 9/30/17 (insert date) Revised Time for Completion under 6/30/16 prior Amendments (insert date) Add'I Days Required (f) for this 184 calendar days Amendment Revised Time for Completion 12/31/18 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim It may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: u ° By i , (signature) d ignature) Print Name: 3 it y 9 Print Name: Timothy ] LaPorte EX. Its C' c I t Its Public Works (title 2 �titi o i DATE: L I DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) I Kent Law Department AMENDMENT - 2 OF 2 w ca I= o DAVID EVANS AHDASSOCIATES INC. Scope of Services and Fee Proposal City of Kent Railroad Grade Crossing Improvements Exhibit A Amendment 3 At the request of the City of Kent(CITY), David Evans and Associates,Inc. (DEA) is submitting Amendment 3 revised scope of services(date for completion)that replaces original scope of work, and Amendment 1 &2 to provide design services for improvements at 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 and UP Railroad Grade Crossings in downtown Kent. As a part of that process, the CITY would like to develop designs for necessary 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 and may require design assistance from DEA due to CITY staff workloads. 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 alternate 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 deas and following the standards of the industry. Assumptions: 1. The budget for the Scope of Services is based on a completion by December 31, 2018. 2. DEA will attend up 18 project meetings as necessary. 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. 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. Scope of Services and Fee Proposal Kent Grade Crossings Page 2 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 Monthly progress report and invoice— 1 copy 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 Railway (BNSF), Union Pacific Railroad (UP) 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 Scope of Services and Fee Proposal Kent Grade Crossings Page 3 comments and provide DEA with one comprehensive set of comments. DEA will perform the following work tasks as identified below: Level of effort hours for layout of sidewalks at up to 2 grade crossings around railroad signal gates/poles and determine pedestrian pathway through the railroad crossing. This work will only be completed if directed by City of Kent. Review plans and specifications developed by Kent for the installation of the median curb/delineators along Smith Street at the BNSF crossing. Review UP's recommendations for gate installation and constant warning a Meeker to determine if improvements are warranted. Coordinate conceptual layout of gates for UP Meeker Street Grade Crossing. Coordinate with UP for gate installation and Constant Warning at the UP crossing of Meeker Street if warranted. Identify fence location east of the railroad tracks to prevent pedestrian trespass between Gowe Street & Titus Street along BNSF. . Fencing will be assumed to be WSDOT Chain Link a Type 3 Fence. Kent will responsible to coordinate Design of fence 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. 2 - 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 along BNSF will include a details sheet with sufficient detail for aesthetic design review. 3. 30% Cost Estimate (MS Excel) a. Cost estimate will follow WSDOT standard bid items to the extent possible. Estimates will be based on WSDOT Unit Bid Analysis for the Olympic Region and recent bid tabulations furnished by the CITY. Task 2.2—90% Design (If need determined by Kent) 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 if necessary to supplement the standard City of Kent Special Provisions. Special provisions prepared by DEA will be inserted by CITY into the bid packet. Scope of Services and Fee Proposal Kent Grade Crossings Page 4 3. 90-Percent Cost Estimate a) Update the 30% cost estimate if necessary 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(If need determined by Kent) 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) TASK 3 Task Deleted TASK 4 Technical support for Quiet Zone Task 4.1 NOI - BNSF Railway (BNSF) Crossings DEA will assist the CITY in preparing an NOI for Quiet Zone for the BNSF crossings of city streets between 212th Street and 259t" Street, inclusive. This work will include reviewing existing documents, such as the Crossing Safety Diagnostic, providing technical advice to the CITY regarding process issues related to the NOI, completing the FRA Quiet Zone Calculator and assisting the CITY in preparing the NOI. DEA will also assist the CITY in meetings with the WUTC. TASK 4.2 Technical support for Quiet Zone NOI - Union Pacific Railroad (UP) Crossings DEA will assist the CITY in preparing an NOI for Quiet Zone for the UP crossings of city streets between 212" Street and Willis Street, inclusive. This work will include reviewing existing documents, such as the Crossing Safety Diagnostic, providing technical advice to the CITY regarding process issues related to the NOI, completing the FRA Quiet Zone Calculator. Provide Kent a memo outlining improvements necessary in order for Kent to pursue a quiet zone at the UP Crossings. TASK 4.2.1 Union Pacific Railroad (UP) Crossings - Diagnostics Scope of Services and Fee Proposal Kent Grade Crossings Page 5 DEA will assist the CITY in setting and preparing for UP railroad diagnostics for grade crossing of city streets between 2121h Street and Willis Street, inclusive, with UP', UTC and City. DEA will prepare draft and final diagnostic Memo. Assumptions: DEA assumes with this SOW that no design work will occur at the UP crossings, any design work necessary be an additional effort. Deliverables: 1. Draft Notices of Intent (NOI) for BNSF and UP crossings 2. Two Memos, one for BNSF and one for UP, outlining improvements necessary in order for Kent to pursue a quiet zone for each. 3. FRA Quiet Zone Calculator Results for up to 5 scenarios for BNSF crossing group and up to 5 scenarios for UP crossing group. 4. Meeting notes or records of conversation with UP, BNSF, FRA, or UTC, if such occur. 5. Draft Diagnostics Memo for UP 6. Final Diagnostics Memo for UP TASK 5 Traffic Counts DEA will secure the services of a traffic count vendor to obtain current ADT traffic volumes for the following locations: BNSF Grade crossings at: S. 212th Street S. James Street Smith Street Meeker Street Gowe Street Titus Street Willis Street S. 259th Street UP Grade crossings at: S. 212th Street ' S. 2281h Street S. James Street Smith Street Meeker Street Willis Street 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 Scope of Services and Fee Proposal Kent Grade Crossings Page 6 may remove from the electronic Documents delivered to CITY all references to DEA's 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. Basemap 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 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. 6. Crossing Safety Diagnostics Reports - BNSF 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 December 31, 2018.