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HomeMy WebLinkAboutPW18-465 - Original - Fehr & Peers, Inc. - Transportation Master Plan - 12/17/2018 T Records Management Document CONTRACT COVER SHEET I Z)2LO This is to be completed by the Contract Manager prior to submission to the CityClerk's Office. All portions are to be completed. f you have questions, please contact the CityClerk's Office at 253- -55. Vendor Name: Fehr & Peers, Inc. Vendor Number (JDE): n Contract Number (City Clerk): I' W l< (OS Category: Agreement Sub-Category (if applicable): Project Name: Transportation Master Plan Date of the Mayor's signature Contract Execution Date: Termination Date: 3/2 8/19 Contract Manager: April Delchamps Department: PW Engineering Contract Amount: $48,920.00 Budgeted: O Grant? Part of NEW Budget: O Local: O State: O Federal: Related to a New Position: O Basis for Selection of Contractor? Bid: Small Works Roster: Direct Negotiation: RFP: Quotes: ❑ Approval Authority: O Director O Mayor O City Council Other Details: Assist with the City's Transportation Master Plan. KENT W15 n i IGTOI CONSULTANT SERVICES AGREEMENT between the City of Kent and Fehr & Peers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Fehr & Peers, Inc. organized under the laws of the State of California, located and doing business at 1001 41h Avenue, Suite 4120, Seattle, WA 98154, Phone: (206) 576-4220, Contact: Kendra Breiland (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 assist with the City's Transportation Master Plan. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and B 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 March 28, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Eight Thousand, Nine Hundredd Twenty Dollars ($48,920.00), 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 A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide 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. 51.08 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. 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 negligent 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 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 ("Work Product") shall belong to and become the property of the City. Notwithstanding any provision to the contrary in this Agreement, all rights, titles, and interests, in all materials and intellectual properties that are proprietary to or developed prior to or independently by the Consultant outside of its performance of this Agreement, including any part of such materials that Consultant employs in the performance of this contract, or incorporates into any part of the Work Product, shall remain with Consultant. Consultant shall grant the City a royalty-free, irrevocable, non-exclusive, license in perpetuity to use, disclose, derive from, and transfer such materials, but only as an inseparable part of the Work Product. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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 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: By: By: (signature) (signature) Print Name: Kew , i �j� _ (�{ _✓1. Print Name: Dana Ralph Its Its Mayor (title) DATE: (� _ C }— 4-) DATE:— NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kendra Breiland Timothy J. LaPorte, P.E. Fehr & Peers, Inc. City of Kent 1001 4`h Avenue, Suite 4120 220 Fourth Avenue South Seattle, WA 98154 Kent, WA 98032 (206) 576-4220 (telephone) (253) 856-5500 (telephone) (206) 576-4225 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: NkChi/ _ Kent Law Department ATTEST r Kent City Clerk Fehr&Peers-TMP 2/0elchamps 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 b low, I agree.t fulfill the five requirements referenced above. By: For: i<e,..J, , Title: t Yet-cam ^' Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT 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 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: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A City of Kent Transportation Master Plan Fehr& Peers Phase 1 Scope of Work- October 31, 2018 The City's Transportation Master Plan (TMP) will provide a framework to guide transportation investments over the next 20 years in accordance with the community's transportation priorities. It will be developed through close collaboration between City staff stakeholders and the community to help improve mobility and quality of life. The purpose of this scope is to outline Fehr& Peers' involvement in Phase 1 of the TMP process.This scope includes the development of the City's transportation priorities, level of service(LOS) policies and figures to support the discussion of LOS options,and preparation for developing the City's new travel demand model. The remaining components necessary to complete a TMP (including the development of the City's travel demand model, multimodal project list, and concurrency program) will be executed in a following phase, working towards planned adoption of the TMP by the City Council. We understand that the next phase of the TMP process is reliant on many moving pieces.In particular, land use assumptions and land use estimates related to the Kent Industrial Valley may have significant impact on traffic.As such,we plan to develop and have frequent communication with City staff, and have a flexible schedule to maximize efficiencies. Task 0- Project Management The objective of this task is to ensure effective and efficient communication between the Consultant and the City project team to anticipate and resolve problems and assure the project deliverables meet the project's goals and objectives. We will be responsible for proactively managing the tasks and providing all services and work needed to complete the project.We will communicate with the client if there is a potential impact to the schedule due to outstanding data needs or decisions made by City Staff. Attend a Project Kick-Off meeting with the project team to review and approve the allocation of project responsibilities,discuss project goals,objectives,schedule and risks;and strategize effective ways to engage and involve the community and stakeholders.The Consultant will develop Project Kick-Off meeting agenda and materials, provide hard copies of all materials and a brief meeting summary including a record of all decisions. Up to three (3) Consultant team members will attend the Project Kick-Off meeting. Fehr& Peers will attend biweekly project team meetings. Project team meetings are anticipated to be half- hour check-in calls with in-person meetings scheduled as needed. The bi-weekly check in calls in this contract are expected to occur between December 2018 and March 2019. Deliverables:Kickoff Meeting Agenda and materials for all attendees. Notes summarizing the Kickoff Meeting including list of action items. Biweekly check-in meeting notes.Monthly invoices showing the previous month's billing by hours and tasks, and a project status report by task. 1001 4th Avenue I Suite 41201 Seattle, VVA 98154 1 (206) 5/6 -1220 1 Fax(206) 5 r6 422 5 www fehrandpeers.com Page I 1 We have budgeted hours (up to $7,090)for Fehr& Peers staff to assist the City of Kent in an advisory role as questions arise central to the process of developing a TMP. If requested to prepare materials, attend meetings, or if additional Phase 2 scope refinements are necessary after this budget is expended, Fehr& Peers staff can prepare a separate scope on a time and materials basis. Deliverable: TBD. Task 1-Transportation Priorities Over the years, the City has undertaken a number of efforts related to transportation planning. Primary among these have been the 2008 TMP and the 2015 Comprehensive Plan. These efforts have resulted in the identification of a variety of values, goals, and policies for transportation.The purpose of this task is to identify a single, unified set of transportation priorities that advance the City's overall vision for transportation. It is assumed that these priorities will set the framework for any future updates to the City's transportation policies, including level of service and administrative policies. While the set of priorities do not have to be final, the end goal of this task is to be able to succinctly state four to six priorities for the City to remain laser-focused on in developing its TMP. A critical consideration will be ensuring that the forecasting tool we develop supports tracking the City's progress on these identified priorities. Once we have defined Kent's overall priorities for mobility, we will work with the City to define what transportation success looks like and how to measure it. In this task, we will work with the City to develop a set of relevant performance measures. .1 Transportation P ° rib��,r aF . Fehr & Peers staff will lead a two-hour workshop with Kent staff (including Public Works, Economic and Community Development, Parks, Finance, and key elected officials) to identify 4-6 priorities. During this workshop,we will brainstorm and identify the members of the community we should engage and the best venues to do so. Fehr& Peers will strategize with city staff on best framing for the conversation to ensure a productive workshop. Fehr & Peers will produce a summary of the workshop for the project record, identifying apparent transportation concerns, issues, and priorities to help guide the balance of the project. The City will review the summary and provide one round of comments and recommendations. City of Kent Staff Tasks:Reserve meeting space, invite City Staff, and participate in workshop. l�ti�a Fltl Avenue i 4121, ('3♦ <'0f!1 ... — — www.fehrandpeers com Deliverables: Workshop materials including the meeting agenda, PowerPoint slides, and meeting notes. Comments on draft summary. Develop a brief memorandum, which summarizes the transportation priorities for mobility. Fehr & Peers will support City staff in developing a high-level public outreach strategy plan based on findings from the Task 1.1 workshop. The plan will include an outline of the recommended outreach process to provide a roadmap for the public outreach throughout the TMP.This will include when to engage the public in the TMP process,key questions to ask at each stage, and outreach activities and channels (and may include innovative strategies for web promotion). Outreach will be performed as part of the second phase of the TMP, to confirm the draft transportation priorities and potential metrics to measure progress. Results may also inform the project list. The City will review the outreach plan and provide one round of comments and recommendations. Deliverables:Public outreach strategy plan. Task 2 - Level of Service Metrics Once the City's transportation priorities have been established,the next step is to identify the types of level of service (LOS) measures that will reinforce these priorities. Similar to Task 1, we will hold a second workshop with staff to discuss LOS options for each mode.Then,we will summarize metrics for approval by City Council. Fehr& Peers staff will lead a three-hour workshop with Kent staff (including Public Works, Economic and Community Development, Parks, and key elected officials) to identify transportation LOS metrics. This workshop will build from the transportation priorities identified in the Task 1 workshop (and being vetted with the community). Prior to the workshop, Fehr&Peers will develop maps and data that will facilitate the discussion of LOS options, including mapping of the City's key networks for each transportation mode, the presence of facilities (such as sidewalks), and key land uses. We will rely on data available in the City's GIS database. This upfront work is expected to facilitate a productive discussion at the workshop. During the workshop, Fehr&Peers will present multimodal level of service(MMLOS) models currently applied in other communities,facilitate discussion of the relevance of these models in Kent given the community's priorities and transportation system, and discuss if any of these resonate with Kent staff. Also, during this workshop, we will present the City's priorities and performance metrics to use in tracking the City's progress in advancing these priorities. We will produce a summary of the workshop for the project record. The City will review the summary and provide one round of comments and recommendations. 1001 4th Avenue I Suite 412.0 1 Seattle,WA 98154 1 (206) 576-4220 1 Fax (206) 576-4225 www.fghrandpeers.com Page 13 Deliverables:Memorandum summarizing the LOS Workshop and related efforts. Based on the outcomes from the workshop in Task 2.1, Fehr& Peers will develop recommended MMLOS standards for inclusion in the TMP. These MMLOS standards will identify the types of facilities that would be needed to accommodate each mode of travel(pedestrian, bicycle,transit,and automobiles)and the data needed to monitor this LOS standard. We will develop a brief memorandum, which summarizes the LOS metrics and how they relate to state-of- the-practice metrics. The City will review the memorandum and provide one round of comments and recommendations. Deliverables:Memorandum summarizing MMLOS policy recommendations, including maps of facilities. Task 3 - Model Development Preparation This task describes the first step necessary to develop a travel demand model customized for the City of Kent that is also consistent with the Puget Sound Regional Council (PSRC) model.This meeting will discuss the model's scope(for example, City roadways to include),desired scenarios(calibrated and validated base year scenario, near-term scenario for concurrency checks, and a long-term scenario for TMP horizon year planning), as well as the types of output data to be produced (for example, daily, AM peak hour, and PM peak hour vehicle traffic volume forecasts). Fehr&Peers staff will lead a model kick-off discussion with Kent staff to determine the appropriate software platform and model capabilities that best suit the City's needs. This meeting should be attended by at least one person from each City department that would have any involvement in using the City's model for ongoing planning or project work. Depending on the types of analysis and level of the complexity that the City would like included in the model,different model structures(3-step or 4-step)and software applications (Emme,TransCAD, Visum, or Excel)would be appropriate. We will facilitate the meeting to answer the following key questions: • What transportation analysis metrics will be needed from this model? • How often will this model be used to answer questions related to land use planning, network improvement projects, and private development projects? • Who will be primarily responsible for running and maintaining this model and how would consultants be involved in this ongoing process? The outcome of this meeting will be direction from the City staff to the Consultant to begin model development in the identified platform of their choice. Deliverables:Meeting agenda, materials and summary. 1001 4th Avenue I Suite 4120 Seattle WA 98154 It (206) 576 4220( Fax(206) 576-4225 WVv fehrPndpeers.com Page 14 r t t e Exhibit A includes our draft fee proposal. Exhibit B includes our proposed timeline and responsibilities matrix. 1001 4th Avenue I Suite 4120 i Seattle,WA 98154 '(206) 576-4220 1 Fax(206) 576-4225 M8my fettrandpeers.com Page 15 to O Cl O O O O O O O O O O O O N O O r-f m tD Ln r-i r-i Ln LD w 00 Ln r,m Ln I-I M O fh M 'c}' � v) M C*4 V r Ln m t,p V 00 tD M ryi l0 , 00 'F d Q C V) 5 rr dp to l,/i i# bR tR lR H} kH ki► Mh b9 4^ 4.4 V► k CIO Ln .r L o ao v 00 Iq �r o Z ^i 4bq 4 � o CD <Q tD N CD '1 m M N �a V ­4 Q C L ai d � N N d• v .� (13 U. Ln M N ['r 00 Fl, CZ a m Q a m Ln M V O O lD W t,D mot' '-i Ln V N Ln v (� r�i N N e�-i l�D 1p N ,C �O Q A e--1 3� +.. ..� IAO m tJ.l O Q Q Q CL a Q3 ILI � a C 01 w a LA O Q O Q > h O O > V a N o v a c ao © c m e ° `�o G! V cp J `IA aEi to c � a E C cr 3 o c a �+ O r �, Q, � a m a N c r' m 2 ti N c` y O c .0 ` 4 to � to O •F G > C f0 c �i Co7 p ° LU a c C o > G N - 'o o t v C `Oo o o o � Q a "o C ]C 'Co !- r; > O N Ai H Li .' i!s Ol C a Z m .-L tV M AS O �Q7 _O W N N F- M J 5 F— Z Q Q O a N � C 00 � U N N 0 a N I � a o u3 H a Y p v c a) o of E a, �e E O c 61 o c F o > a ° 13 V v ++ ro v •�' c a w O 0. c a "' in E v Ul C1 � N c T O cn C a)ry a) .c E d O o u c `0 a avi -� cv E y c ° a Q N O a u M v °; c 0 a s ro � o O v Q Y y o p .c O a O v w a of y Y �L v N a ip a N m v wi v14 -a O0 OD_ oZ$ N H co0 p7� s U ku W 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. The City shall be named as an Additional 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 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT C (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 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. 3. The City of Kent shall be named as an 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. FEHR&PE-01 JACKSONNA CERTIFICATE OF LIABILITY INSURANCE D 2/ 5/2 0512 Y01 1 8 8 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 License#OE67768 CON NAMTACT E Naomi Jackson IOA Insurance Services PHONE FAX 3875 Hopyard Road (A/C,No,Et):(925)660-3998 l JC,No): Suite 200 E-MAILS Naomi.Jackson@ioausa.com A RE Pleasanton,CA 94588 INSURE S AFFORDING COVERAGE NAIC# INSURER A:RLI Insurance Company 13056 INSURED INSURER B:Hartford Insurance Company of the Midwest 37478 Fehr&Peers INSURER C:Libeft Insurance Underwriters Inc 19917 100 Pringle Avenue,Suite 600 INSURERD: Walnut Creek,CA 94596 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP LTIR TYPE OF INSURANCE POLICY NUMBER Y MMI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE [X]OCCUR PSB0006683 12/06/2018 12/06/2019 PRMMI ESTo 1 RE.occ/uEen $ 1,000,000 MED FJ(P(Any one person) 10000$ � PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑X PECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY C a BINEDISINGLE LIMIT $ 1,000,000 ANY AUTO PSA1002276 12/06/2018 12/06/2019 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS SSWNEp BODILY INJURY Per accident $ X AUTOS ONLY X AUTOS ONLY PPe�acEcJZt AMAGE $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE PSE0002889 12/06/2018 12/06/2019 AGGREGATE $ 5,000,000 DED RETENTION$ $ B AND EMPLOYERS'LIABILITY XION FTR T ORTH- ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 57WEGZJ1989 05/01/2018 05/01/2019 1,000,000 p�FICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liab. AEXNYABEFJ2003 12/06/2018 12/06/2019 Per Claim 3,000,000 C Professional Liab. AEXNYABEFJ2003 12/06/2018 12/06/2019 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) All Operations of the Named Insured,including the aforementioned project. General Liability:Please see blanket Additional Insured endorsement attached;such coverage is Primary and Non-Contributory with Waiver of Subrogation included,as required per written contract. General Liability deductible:$0. Auto Liability:Please see blanket Additional Insured endorsement with Waiver of Subrogation included,as required per written contract. NOTE:Fehr&Peers does not have any company-owned vehicle. GENERAL LIABILITY&AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S)OR ORGANIZATION(S):As required per written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SAMPLE �c_0 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0006683 RLI Insurance Company Named Insured:Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations, which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage" occurs, or the"personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury" offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0002276 RLI Insurance Company Named Insured: Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage— Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition —Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition —Railroad Easement Q. Coverage Extensions—Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured "loss", provided that the "accident" or "loss" arises The following is added to the SECTION II — out of the operations contemplated by such contract. COVERED AUTOS LIABILITY COVERAGE, Para- The waiver applies only to the person or graph A.1.Who Is An Insured Provision: organization designated in such contract. Any business entity newly acquired or formed by you E. Employee Hired Autos during the policy period, provided you own fifty 1. The following is added to the SECTION II — percent (50%) or more of the business entity and the COVERED AUTOS LIABILITY COVERAGE, business entity is not separately insured for Bus- Paragraph A.I.Who Is An Insured Provision: iness Auto Coverage. Coverage is extended up to a An "employee" of yours is an "insured" while maximum of one hundred eighty (180) days operating an "auto" hired or rented under a following the acquisition or formation of the business contract or agreement in that "employee's" entity. name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement. B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b. For Hired Auto Physical Damage Coverage, graph A.I.Who Is An Insured Provision: the following are deemed to be covered Any "employee" of yours is an "insured" while using "autos" you own: a covered "auto" you don't own, hire or borrow in (1) Any covered "auto" you lease, hire, rent your business or your personal affairs. or borrow; and C. Blanket Additional Insured (2) Any covered "auto" hired or rented by The following is added to the SECTION II — your"employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.1.Who Is An Insured Provision: permission, while performing duties Any person or organization that you are required to related to the conduct of your business. include as an additional insured on this coverage However, any "auto" that is leased, form in a contract or agreement that is executed by hired, rented or borrowed with a driver is you before the "bodily injury" or "property damage" not a covered "auto". occurs is an "insured" for liability coverage, but only F. Fellow Employee Coverage for damages to which this insurance applies and SECTION II — COVERED AUTOS LIABILITY only to the extent that person or organization COVERAGE, Exclusion B.S. does not apply if you qualifies as an "insured" under the Who Is An pp y Insured provision contained in SECTION II — have workers compensation insurance in-force covering all of your employees. COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following: that is executed by you before the "bodily injury" or "property damage" occurs. In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay D. Blanket Waiver Of Subrogation any unpaid amount due on the lease or loan for a covered "auto", less: The following is added to the SECTION IV — BUSI- 1. The amount paid under the PHYSICAL NESS AUTO CONDITIONS, A. Loss Conditions, DAMAGE COVERAGE section of the policy; 5. Transfer Of Rights Of Recovery Against Others To Us: and We waive any right of recovery we may have against 2. Any: any person or organization to the extent required of a. Overdue lease/loan payments at the time of you by a contract executed prior to any "accident" or the"loss"; PPA 300 03 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEG ZJ1989 Endorsement Number: Effective Date: 05/01/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK, CA 94596 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description ANY PERSON OR ORGANIZATION AS REQUIRED BY WRITTEN FROM WHOM YOU ARE REQUIRED CONTRACT. BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. J, Countersigned by -" Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Policy Expiration Date: 05/01/18 REQUEST FOR MAYOR'S SIGNATURE • Print o,-,, (-hr�,,�.,,�_ar�ol rer Pape,,_ KENT W snirrU*Ur Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPART NT Ap r d`ty Dire4-1 Originator: April Delchamps Phone (Originator): T564 Date Sent: �Joi3�la Date Required: i ')/,k.//g Return Signed Document to: Nancy Yoshitake Contract Termination Date: 3/28/19 VENDOR NAME: Date Finance Notified: Fehr & Peers, Inc. (Only required on contracts 1 2/ 1 1/ 1 8 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: 12/1 1/18 Date Risk Manager Notified:N/A (Required on Non-City Standard Contracts A reements Has this Document been Specificall Account Number: ROOO62 Authorized in the Bud et? • YES NO Brief Explanation of Document: The attached Agreement with Fehr & Peers is to provide assistance with the City's Transportation Master Plan. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: �?Atlioo Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: �,� Date Returned: \ MI orms� ocument rocessing\ equest forMayor's gignatur= • KENT Agenda Item: Consent Calendar - 8C W A S H I N G T O N TO: City Council DATE: December 11, 2018 SUBJECT: Consultant Services Agreement with Fehr and Peers, Inc. for the Transportation Master Plan - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Fehr & Peers, Inc. in an amount not to exceed $48,920, to provide consultant services for the Transportation Master Plan update, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Staff began updating the Transportation Master Plan (TMP) in early 2018. Consultant services are needed to assist city staff with transportation priorities, levels of service metrics, and model development for the TMP. In mid-2018, staff released a request for proposals for portions of the TMP. Two consultants submitted proposals. After interviews with Public Works Engineering and Economic and Community Development staff, Fehr & Peers was selected. EXHIBITS: Contract with Fehr & Peers, Inc. RECOMMENDED BY: Public Works Committee YEA: Fincher, Troutner, Higgins NAY: BUDGET IMPACTS: No new impact. Budget for the TMP update was established in the adopted budget. STRATEGIC PLAN GOAL(S): 9 Evoh ine 1 nfrastructure—Connecting people and places through strategic Investments in physical and technological infrastructure. N Thrivine City-Creating safe neighborhoods,healthy people,vibrant commercial districts,and inviting parks and recreation. ®Inclusive Community-Embracing our diversity and advancing equity through genuine community engagement.