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HomeMy WebLinkAboutCAG2020-019 - Amendment - #1 - Fehr & Peers, Inc. - Transportation Master Plan Phase III - 03/17/2020 100 Agreement Routing Form • For Approvals,Signatures and Records Management KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Nancy Yoshitake for April Delchamps Public Works Date Sent: Date Required: > 3/17/20 3/20/20 O fl- Authorized to Sign: Date of Council Approval: O' 0 Director or Designee ❑ Mayor N/A Q Budget Account Number: Grant? ❑Yes El No R00062 Budget? 0 Yes ❑ No Type: Vendor Name: Category: Fehr & Peers, Inc. Contract Vendor Number: Sub-Category: = 199013 Amendments O Project Name: Transportation Master Plan, Phase 3 E i O = Project Details:Document changes between the 2008 Transportation Master Plan and 2020 update. Agreement Amount: $17,640 Basis for Selection of Contractor: O Start Date: 3/17/20 Termination Date: 12/31/20 Q Local Business? ❑Yes ID No* *If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Notice required prior to disclosure? Contract Number: ❑Yes t] No /� 1. AG 20 20 Date Received by City Attorney: Comments: a1 3 3 O a •� i � 3 p� Date Routed to the Mayor's Office: t/'1 Date Routed to the City Clerk's Office: daaw22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements • KENT WAS HI NGTO N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Fehr & Peers, Inc. CONTRACT NAME & PROJECT NUMBER: Transportation Master Plan, Phase 3 ORIGINAL AGREEMENT DATE: January 13, 2020 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: Document changes between the 2008 Transportation Master Plan and 2020 update and provide a recommendation if an Environmental Impact Statement is necessary at this time. For a description, see Exhibit A which is attached and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II 'Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $314,580 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $314,580 including all previous amendments Current Amendment Sum $17,640 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $332,220 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/20 (insert date) Revised Time for Completion under prior Amendments (insert date) Add'l Days Required (±) for this 0 calendar days Amendment Revised Time for Completion /31/20 (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: By� - si;nature) Print Name: V,9�-4( !N L Print Name: Timothy J. LaPorte, P.E. Its 2r)'.C.:I Its Pijblic Works Director (title) ( le) DATE: t -7--,o DATE: 5; ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) tilt, Kent City Clerk I Kent Law Department Frbr&Peery-TMP 4 A,,11 AMENDMENT - 2 OF 2 EXHIBIT A City of Kent Transportation Master Plan Fehr& Peers & BERK Environmental Assessment Approach Memo 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 goals. It is currently being developed in a phased approach, with estimated completion and adoption by Fall 2020. We understand that the City must comply with the State Environmental Protection Act (SEPA) and regulations for when an Environmental Impact Statement(EIS) or other form of State Environmental Policy Act compliance is necessary. Once the project list is developed and prioritized,we will b able to compare the draft project list and policy approach to the 2008 TMP.The goal of this scope is to document changes between the 2008 TMP and 2020 update and provide a recommendation for whether an EIS is necessary at this time. Other source documents to consider include the 2015 Comprehensive Plan Update and Midway Planned Action EIS and the Kent Downtown Strategic Action Plan Supplemental EIS. .1 Document Kern` We will develop a memo that compares the draft policy and project recommendations of the 2020 TMP update with those included in the 2008 TMP.This memo will then document our recommendation whether an EIS is needed at this time. Detiverab(e: • Draft and final memos with two rounds of consolidated edits provided by City staff Assumptions: • First draft of the memo will be provided to the City by May 15,2020 and will compare the most recent draft of the project list (as of May 1, 2020) and the draft policies to the 2008 TMP. • The City of Kent will likely develop an EIS as part of the Comprehensive Plan Update in 2023. • Attachment A provides a draft outline. 1. Introduction a. High-level background on TMPs b. Background on the intersection between TMPs and Comprehensive Plans c. Background on why Comprehensive Plans require EIS documentation 2. 2020 TMP Update a. New policy directions of the plan i. Description of how this new policy direction results in different capital improvements b. Document new projects proposed as part of the 2020 TMP c. Document projects from the 2008 TMP that are removed from consideration y 3. Recommendations a. Provide a recommendation for whether a new EIS is necessary and why. b. If a new EIS is not recommended, provide a recommendation for how the 2020 TMP will comply with SEPA. 4. Next Steps We anticipate that this memorandum will cost $17,0640 for Fehr&Peers and BERK staff to develop.At this time, we anticipate that we will be able to accommodate part of this additional scope item using budget from the Phase 2 work. However,we will reassess and confer with City staff after the project list is developed and this work becomes necessary. Page f1 i i CD o O C0 is 00 O +� r- r- to &a cd ('6 - i. LO 1-0 N 69 tf13- (A N N ^O cl M 6fk EfJ Ln V L4 0 C U U N N H � C w co co } i.A SSG Q : 'c a c_ CD c ° r Ln Un ro r. t Lnco co au cu cnsa, as ca "° m �, v LU tirl c t» CD k° c a E`•..0 _M CV N ._ u,�,," X a C }CQh C7 m a C g N N T E i+ O 13 O 6 C QU -' o Gs. Q v c G. a a Q H v �(Ii ZZ tea, c' a, a Q g c 6 c Q p a :a w Q -C Q Q Q O v O U vi L. L) a CDlJ p i CQ5) i �Q a N ti oN o °' 2 a t � v v � O oa FEHR&PE-01 SEITAS .a►�oRO. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYYY) 1/2/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS ERTIFICATE 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 INSUREII 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 CONTACT Gigl Yuen IOA Insurance Services PHONE - --— - - FAX 3875 Hopyard Road (A/C,No,Ext):(925)660-M14$0008 (A FAX No�(925)416-7869 Suite 200 E-MAIL Gi Ly n Ioa isa.I AD2RE$S: g - &--- - - - -- ..------ -- -- ---- Pleasanton,CA 94588 INSURE II FFORDING COVERAGE NAIL tt INSURE A:RLI Insurance Company ._-- __-- _ _13056 INSURED INSURER B:Hartford Casualty InBuranc@ Commpany_ - 29424 Fehr&Peers INSURER C:L1berty Insurance UndenotersLinc 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 CL_AIM_S. INSR TYPE OF INSURANCE ADDL,SUBR POLICY NUMBER - POLICYEFF-- POLICYEXP LIMITS LTR 1 MIDD/YYYY M A X COMMERCIAL GENERAL LUU31UTY _EACH OCCURRENCE E 2,000,000 CLAIMS-MADE X OCCUR PSB0006683 12/6/2019 12/6/2020 DAMAGE TO RENTED 1,000,000 -- - 10 000 - _WED EX�Ary one Person). S -----___-- + - _ - ------PEONAL&ADV INJURY-----E 2,000,000 RS--------- - GEN'L AGGREG ATE LIMIT APPLIES PER: GENERAL AGGREGATE_ __E 4,000,000 POLICY X. JECT LOC PRODUCTS-COMPIOP AGG :E 4,000,000 OTHER: COMBINED SINGLE LIMIT :AUTOMOBILE LIABILITY ._(Eaacadern�--_------_-_ $_---- 1,000,000 ANY AUTO PSA0002276 12/6/2019 12/6/2020 BODILY INJURY IPerp"w1_ E_ OWNED - 'SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accidentl.. RREED� -----. ppNN yyyyNNEE ._X...AUTOS ONLY �'_X-y AUTO ONLD �PRefOPE idient MAGE_- - P Lt S E A UMBRELLA LIAR X' OCCUR EACH OCCURRENCE E 6,000,000 X EXCESS LU1B CLAIMS-MADE PSE0002889 12/6/2019 12/6/2020 AGGREGATE E 5,000,000 DED RETENTION E B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY -_---TATUT__E_....__ .-ER-------- ANYPROPRIETOR/PARTNER/EXECUTIVE /N' 57WEGZJ1989 5/1/2019 5/1/2020 1,000,000 E.L.EACH ACCIDENT S FFICERIMEM R EXCLUDED? --- - -- --- ( an datory in�iEFi) 1,000,000 If es,descnbe under E.L DISEASE-EA EMPLOYEE E_ D SCRIPT'ON OF OPERATIONS below E.L.DISEASE-POLICY LIMIT E 1,000,000 C Professional Liab. AEXNYABEFJ2004 12/6/2019 12/6/2020 Per Claim 5,000,000 C Professional Liab. AEXNYABEFJ2004 12/6/2019 12/6/2020 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:SE18-0647.03 Kent TMP Phase 3 All Operations of the Named Insured, including the aforementioned project,if any. 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. Auto Liability:No company owned vehicles.Please see blanket Additional Insured endorsement with Waiver of Subrogation included,as required per written contract. Workers'Compensation:Waiver of Subrogation is in favor of the aforementioned Additional Insured as per attached blanket Waiver of Subrogation LSEE ATTACHED ACORD 101 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. City of Kent,WA AUTHORIZED REPRESENTATIVE 220 Fourth Ave.South 0 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID..FEHR&PE-01 SEITAS LOC#: 1 A RO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#OE677681 NAMED INSURED IOA Insurance Services Fehr&.Peers 100 Prin le Avenue,Suite 600 POLICY NUMBER Walnut reek,CA 94596 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 ISEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Ope ratio ns/LocationsNehicles: endorsement,as required per written contract. GENERAL LIABILITY&AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S)OR ORGAN IZATIONIS): City of Kent,WA as required per written contract ACORD 101 (2008/01) ©2008 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. ?. 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 11 — 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 P Y 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 If — out of the operations contemplated by such contract. COVERED AUTOS LIABILITY COVERAGE, Para- The waiver applies only to the person or graph A.I.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.1.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 endorsement. 2. Changes In General Conditions: 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.1. 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.I. 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 . y y 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.5. 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 COVERED AUTOS LIABILITY COVERAGE. covering all of your employees. 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 and Others To Us: 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: 05/01/19 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 0.0 % of the California workers' compensation premium otherwis due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Leslie Pancoast Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 04/02/19 Policy Expiration Date: 05/01/20