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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 06/17/2019 Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of each month in the Kent City Hall, Council Chambers Eas t, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Public Works Administration at 253 -856-5500, or email Cheryl Viseth at CViseth@KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Public Works Committee Agenda Chair - Dennis Higgins Brenda Fincher– Toni Troutner Monday, June 17, 2019 4:00 p.m. Item Description Action Speaker Time 1. Call to Order Chair 01 MIN. 2. Roll Call Chair 01 MIN. 3. Changes to the Agenda Chair 01 MIN. 4. Approval of June 3, 2019 Minutes YES Chair 05 MIN. 5. Professional Services Agreement with Wood Environment & Infrastructure Solutions, Inc., for services YES Christina Schuck 10 MIN. 6. Consultant Services Agreement for Transportation Master Plan Phase 2 with Fehr & Peers, Inc. YES April Delchamps 10 MIN. 7. Consultant Services Agreement for S. 228th St. UPRR Grade Separation Bridge and Roadway Phase 5 with YES Jason Barry 10 MIN. 8. Information Only/Quiet Zone Update NO Rob Brown 05 MIN. Page 1 of 2 Pending Approval Public Works Committee CC PW Regular Meeting Minutes June 3, 2019 Date: June 3, 2019 Time: 4:00 p.m. Place: Chambers East Attending: Dennis Higgins, Chair Brenda Fincher, Councilmember Toni Troutner, Councilmember Agenda: 1. Call to Order 4:00 p.m. 2. Roll Call Attendee Name Title Status Arrived Dennis Higgins Chair Present Brenda Fincher Councilmember Present Toni Troutner Councilmember Present 3. Changes to the Agenda There were no changes to the agenda. 4. Approval of Minutes dated May 20, 2019 MOTION: Move to approve the Minutes dated May 20, 2019 RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Higgins, Fincher, Troutner 5. Information Only - Residential Traffic Calming Program Update Transportation Engineer, Dan Hansen gave a brief description of the Residential Traffic Calming Program (RTCP). As of the last update to the committee on February 4, 2019, 10 new RTCP requests have been submitted by residents, seven traffic studies have been completed, and 15 requests have been closed. All seven of the newly completed studies recorded 85th percentile speeds of less than 10 MPH over the speed limit and did not identify significant cut through traffic issues. Hansen noted that three neighborhoods are currently participating in Phase 1 or Phase 2 of the program, to address a speed or cut-through traffic issue by changing driver behavior or selecting traffic calming devices for implementation. 4 Packet Pg. 2 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 3 , 2 0 1 9 4 : 0 0 P M ( O P E N S E S S I O N ) Public Works Committee CC PW Regular Meeting Minutes June 3, 2019 Kent, Washington Page 2 of 2 Staff will put together a map of all existing RTCP requests for a later meeting. Added Item: Perry Sobolik - Thanked Dan for going through the various traffic studies with him in the South Kent neighborhood, they were very helpful. Perry asked about the new Roundabout at 4th and Willis, he requested that city staff hold meetings on the weekend as well as during the week, to enable more people to attend. 6. Information Only - Annual Guardrail Repairs Engineering Supervisor, Joe Araucto noted that the objective of this project is to establish a non-exclusive contract to make repairs of damaged guardrail on an as needed basis for a period of 1 year. The City spends roughly $150- $200K annually repairing guardrails. 7. Information Only - Projects Update Construction Manager, Eric Connor updated the committee on the status of current Capital Improvement and Private Development Construction Projects. 8. Information Only - Quiet Zone Update Transportation Manager, Rob Brown updated the Committee on the Quiet Zone to date. The updated timeline is attached. 9. Information Only - Transportation Engineering Consultant Deputy Director/City Engineer, Chad Bieren noted that an on-call Consultant will assist staff in Transportation Engineering. Due to a shortage of qualified candidates, there are open positions in the Transportation Section. There will be no new budget impact, as the Consultant Services will be paid for using existing savings due to open positions in Transportation Engineering. Staff is in the process of selecting a Consultant with an anticipated July start time. Cheryl Viseth Committee Secretary 4 Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 3 , 2 0 1 9 4 : 0 0 P M ( O P E N S E S S I O N ) PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: June 17, 2019 TO: Public Works Committee SUBJECT: Professional Services Agreement with Wood Environment & Infrastructure Solutions, Inc., for Services in Connection with the S. 224th Street Project MOTION: Move to recommend Council authorize the Mayor to sign a Professional Services Agreement with Wood Environment & Infrastructure Solutions, Inc., in an amount not to exceed $200,000.00 for expert environmental consulting services, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In April, the City filed an action against Hytek Finishes Company under the state Model Toxics Control Act alleging Hytek released hazardous substances, namely cadmium and arsenic, into the City’s drainage ditch and easement. The lawsuit seeks an award of past costs and damages for remedial actions already taken by the City and a judgment declaring that Hytek is liable to the City for all current and future remedial action costs related to the hazardous substance releases, including attorneys’ fees, litigation expenses and natural resource damages. The City wishes to engage Wood to provide expert environmental consulting services on behalf of the City in this matter. BUDGET IMPACT: Costs associated with this contract will be added to the S. 224th Street Project, while the city seeks reimbursement. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure ATTACHMENTS: 1. 5 - Exhibit Wood Contract - Hytek MTCA (PDF) 5 Packet Pg. 4 wood. Professional Services Agreement PARTIES THIS AGREEMENT (the "Agreement"), effective this 16 day of May 2019, is made by and betr¡¡een Wood Environment & lnfrastructure Solutions, lnc., a Nevada corporation, with an address at600 University Streei Suite 600 Seattle, Washington 98101 ('Wood") and Foster Pepper PLLC a Washington corporation/limited liabitity comþany/partnership (indicate which), with an address at 1111 Third Ave., Suite 3000, Seatile, WA 98101-3292 (,CL|ENT). NOW, THEREFORE, in consideration of the mutual undertakings and subject to the terms set forth below and intending to be legally bound, the part¡es agree as follows: PROJECT CLIENT engages Wood to provide services in connection with; city of Kent v. Hytek Finishes company Expert consulting - Remedial lnvestigation SCOPE OF SERVICES Wood agrees to perform services in accordance with its Proposal as follows: See attached Expert Engagement Letter CLIENT agrees that all services not expressly included are excluded from Wood's Scope of Services. COMPENSATION (in U.S. Dollars) (check one) Firm-fixed price: CLIENT agrees to compensate Wood on a firm-fixed price basis in the amount ot X Time and materials: CLIENT agrees to compensate Wood for all hours worked and other costs íncurred at the rates and terms set forth herein. Should the total cost of Wood's performance be greater than the estimated amount shown below, Wood will notify CLIENT and provide a revised estimate for CLIENTs approval. ln such event, continued performance is subject to additional funding as mutuelly agreed. Labor Categories and Hourly Labor Rates: Other Direct Costs (Reimbursed at cost plus 15 % mark-up): Total estimated time and materials cost: 9200,000 ln.addition to the Agreement amount, CLIENT assumes full responsibility for the payment of any applicabie sales, use, orvalue- added taxes under this Agreement, except as otherwise specified. ATTACHMENTS The listed attachments form part of this Agreement: 1. Rate Schedule , daled 01101t20192. Expert Engagement Letter 3. Page 1 of 5 us PsA 4-201 I 5.a Packet Pg. 5 At t a c h m e n t : 5 - E x h i b i t W o o d C o n t r a c t - H y t e k M T C A ( 1 8 3 1 : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t w i t h W o o d E n v i r o n m e n t & I n f r a s t r u c t u r e Terms and Gonditions 1. COMPENSATION: lnvo¡ces will be submitted at least monthly for Services rendered. Terms of payment are net forty-five (45) days from date of invoice. Payment will be made to Wood at the address specifìed on Wood's invoice. lf CLIENT reasonably objects to all or any portion of an invoice, CLIENT shall notify Wood of that fact in writing within ten (10) days from the date of receipt of Wood's invoice, give reasons for the objection, and pay that portion of the invoice not reasonably in dispute. 2. STANDARD OF CARE: Wood will perform the Scope of Services specified in a Work Order utilizing that degree of skill and care ordinarily exercised under similar conditions by reputable members of Wood's profession prac'ticing in the same or similar locality at the time of performance. NO OTHER WARRANTY, GUARANTY, OR REPRESENTATION, EXPRESS OR IMPLIED, lS MADE oR TNTENDED tN THtS AGREEMENT, OR lN ANY COMMUNTCATTON (ORAL ORWRTTTEN), REPORT, OPINION, DOCUMENT, OR INSTRUMENT OF SERVICE, AND THE SAME ARE SPECIFICALLY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3, INDEPENOENT CONTRACTOR: Wood shall be fully independent and shall not act, except as permiüed herein, as an agent or employee of CLIENT. Wood shall be solely responsible for ib employees and for their compensation, benefits, contributions, and laxes, if any. 4. INSURANCE: Wood will maintain insurance for this Agreement in the following types and limits: (i) worke/s compensat¡on insurance as required by applicable law, (ii) comprehensive general l¡abil¡ty insurance (CGL) ($1 ,000,000 per occurrence I $2,000,000 aggregate), and (iii) automobile liability insurance for bodily injury and property damage ($1,000,000 CSL). CLIENT will be listed as additional insured on policies not to include worker's compensation. 5. CHANGES: CLIENT may order changes within the general scope of the Services by altering, adding to, or deleting from the Services to be performed. Work beyond the scope of services or re-doing any part of the project through no fault of Wood, shall constitute extra work and shall be paid for on a time-and-materials basis in addition to any other payment provided for in this Agreement. Should Wood encounter conditions which were (i) not reasonably anticipated, including, but not limited to, changes in applicable law, (ii) subsurface or otherwise concealed physical conditions that differ materially from those indicated in this Agreement or (iii) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and genera¡ly recognized as inherent in activities of the character contemplated by this Agreement, Wood shall promptly provide notice to CLIENT. CLIENT shall promptly investigate such conditions. lf, in Wood's reasonable opinion, the conditions cause an increase or decrease in Wood's cost ol or t¡me required for, performance of any part of its Services, CLIENT shall issue a Change Order with an equitable adjustment in Wood's compensation, schedule, or bolh. ln the event no Change Order is agreed to, Wood reserves the right to either (i) suspend its performance until a Change Order is agreed to or (ii) discontinue its performance and terminate this Agreement. 6. FORCE iíAJEURE: Should performance of Services by Wood be affected by causes beyond its reasonable control, Wood will be granted a time extenslon and the parties will negotiete an equitable adjustrnent to the price of any affected Work Order, where appropriate, based upon the effêct of the Force Majeure on performence byWood. 7. CLIENT'S RESPONSIBILITIESI CLIENT agrees to provide Wood all available material, data, and information pertaining to the Services. 8. SITE AGGESS: CLIENT shall at its cost and at such times es may Þe required byWood for the successtul and timely completion of Services: (i) provide unimpeded and timely access to any site, including third party sites if required (ii) provide an adequate area forWood's site office facilities, equipment storege, and employee parking; (iii) furnish all construction utilities and utilities releases necessary for the Services; (iv) provide the locations of all subsurface structures, including piping, tanks, cables, and utilities; (v) approve all locations fordigging and drilling operations; and (vi) obtain all permib and licenses which are necessary and required to be taken out in CLIENTs narne for the Services. Wood will not be liable for damage or injury arising from damage to subsurface structures that are not called to its attention and correctly shown on the plans furnished to Wood in connection with its work. 9. LIMITATION OF LIABILITY: As part of the consideretion Wood requires for provision of the Services indicated herein, CLIENT egrees that any claim for damages filed against Wood by CLIENT or any contractor or subcontractor hired På¡ge 2 of 4 us PsA4-2016 5.a Packet Pg. 6 At t a c h m e n t : 5 - E x h i b i t W o o d C o n t r a c t - H y t e k M T C A ( 1 8 3 1 : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t w i t h W o o d E n v i r o n m e n t & I n f r a s t r u c t u r e dlrectly or lndlrectly by CLIENT wlll be flled solely âgainst Wood or ¡ts successors or ascigns and that no individual person shall be made personally liable for damages, in whole or ¡n part. TO THE MAXIMUi'I EXTENT PERMITTEO BY LAW CLIENT AGREES THAT THE LIABILITY OF WOOD TO CLIENT FOR ANY AND ALL CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION, CONTRIBUTION, ASSERTED BY CLIENT AND ARISING OUT OF OR RELATED TO THE NEGLTGENT ACT(S), ERROR(S) OR OM|SSION(S) OF WOOD tN PERFORMTNG SERVICES, SHALL BE LlMlrED TO TWO MTLLTON DOL¡-ARS (S2,0OO,O0O.OO) ("LlMlrATtONil. CLTENT HEREBY WAIVES AND RELEASES (I) ALL PRESENT AND FUTURE CLAIMS AGAINST WOOD OTHER THAN THOSE DESCRIBED IN THE PRECEDING SENTENCE, AND (II) ANY LIABILITY OF WOOD IN EXCESS OF THE LIMITATION. Wood and CLIENT shall eech weive any right to recoveÍ from the other party for any spec¡al, incidental, indirect, or consequenlial damages (including lost proflts and loss of use) incurred by either Wood or CLIENT or for which either party may be liable to any third party, which damages have been or are occasioned by Services performed or repoús prepareã or other work performed hercunder. CLIENT agrees that the damages for which Wood shall be liable are limited to that proportion of such damages wh¡ch is attributable to wood's percentage of fault subject to the other limltations herein. 10. ASSIGNMENT AND SUBCONTRACTING: Neither party shall assign its interest in this Agreement without the written consent of the other. ll. COST ESTIMATES: lf included in the Services, Wood will provide cost estimates based upon Wood's experience on similar projects, which are not intended for use by CLIENT or any other party in developing firm budgeis or financial models, or in making investrnent decisions. Such cost estimates represent only Wood's judgment as a professional and, if furnished, are only for CLIENT'a general guidance and are not guaranteed as to accuracy. 12. TERMINATION Either party may term¡nate this Agreement at any time by providing not less than ten (10) days advance written notice to the other party. ln the event of a termination, CLIENT shall pay for all reasonable charges fici work performed and demobilization by Wood to date of notice of termination. The limitation of l¡ab¡lity and indemnity obligations of this Agreement shall be binding notwithstanding any termination of this Agreement. 13' GOVERNING LAWS/LANGUAGE: This Agreement shall be governed and construed in accordance with the laws of the state of the Wood office entering into this Agreement. All commun¡câtions relating to or arising out of this Agreement shall be in the English language. 14' FIELD REPRESENTATION: The Services do not include supervision or direction of the means, methods or actual work of other consultants, contractors and subcontractors not retained by Wood. The presence of Wood's representative will not relieve any such other party from its responsibility to perform its work and services in accordance with its contractual and legal obligations and in conformity w¡th the plans and specifications for the project. CLIENT agrees that each such other partfwill bJsolety responsible for ib working conditions and safety on the site. Wood's monitoring of the procedures of any such other party is not intended to include a review of the adequacy of its safety measures. lt is agreed that Wood is not responsible for safety or security at a site, other than for Wood's employees, and that Wood does not have the contractual dug or legal right to stop the work oi others. l-5. DISPUTES. Any dispute arising hereunder shall first be resolved by taking the following steps, where a successive step is takenif the issue is not resolved at the preceding step: 1) by the technical and contractual þersonnel for each party performing this Agreement, 2) by executive management of each party, 3) by mediation, or 4) through the court system of the siatb ot the Ñood Page 3 of 4 us PsA 4-201 I 5.a Packet Pg. 7 At t a c h m e n t : 5 - E x h i b i t W o o d C o n t r a c t - H y t e k M T C A ( 1 8 3 1 : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t w i t h W o o d E n v i r o n m e n t & I n f r a s t r u c t u r e office that is entering into this Agreement. CLIENT hereby waives the right to trial by jury for any disputes arising out of this Agreement. Except as otheruise provided herein, each party shall be responsible for its own legal costs and atlorneys' fees. 16. EXCLUSIVE USE. Services provided under this Agreement, including all reports, information or recommendations prepared or issued by Wood, are for the exclusive use of the CLIENT for the prolect specified. No other use is authorized under this Agreement. CLIENT will not distribute or convey Wood's reports or recommendations to any person or organization other than those identified in the project description w¡thout Wood's written authorization. CLIENT releases Wood from liability and agrees to defend, indemnify, protect and hold harmless Wood from any and all claims, liabilities, damages or expenses arising, in whole or in part, ftom such unauthorized disiribution. All reports, drawings, plans, documents, software, source code, object code, field notes ancl work product (or copies thereo$ in any form prepared or furnished by Wood under this Agreement are instruments of service. Exclusive ownership, copyright end title to all inshuments of service remain with Wood. 17. ENTIRE AGREEMENT: The terms and conditions set forth herein constitute the entire understanding and agreement of Wood and CLIENT w¡th Íespect to the Services. All previous proposals, offors, and other communications relative to the provisions of these Services are hereby superseded. Should CLIENT utilize its purchase order or any other form to procure services, CLIENT acknowledges and agrees that ¡ts use of such purchase order or other form is solely for administrative purposes and in no event shall Wood be bound to any terms and conditions on such purchase order or other form, regardless of reference to (e.9. on invoices) or signature upon (e.9. acknowledgement) such purchase order or other form by Wood. CLIENT shall reference this Agreement on any purchase order or other form it may issue to procure Wood services, but CLIENTs failure to do so shall not operate to modity this Agreement. lN WITNESS WHEREOF, CLIENT and Wood have caused this Agreement to be executed by their respective duly authorized representat¡ves as of the date first set forth âbove. CLIENT Wood Environment &Solutions, lnc. By: Name: Ken Lederman leen Title: Member Principal Hyd rogeologist Phone:206-447-4400 206-342-1780 Email;ken ledermanrÐfoster ,com Emait: kathleen oodman lnvoices shall be submitted to: Email: ken.ledermanôbster.com PROPERTY OWNER By: Name: Title: Phone: Proposal No:- oate: 6111119 By: Name: Title: Phone: Email: Påge 4 of 4 us PsA 4-201 E 5.a Packet Pg. 8 At t a c h m e n t : 5 - E x h i b i t W o o d C o n t r a c t - H y t e k M T C A ( 1 8 3 1 : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t w i t h W o o d E n v i r o n m e n t & I n f r a s t r u c t u r e \Mood. Wood Environment & lnfrastructure Solutions, lnc. 2O19 Rate Schedule Ïhe hourly labor rates set forth below are valid from January 1, 2019, and are subject to 3% annual escalation thereafter. Client agrees to reimburse Wood Environment & lnfrastructure Solutions, Inc. (Wood) at one and one half times or two times the associated ratelhour for non-exempt staff when Wood is required by statute to pay the associated overtime premium. Professional Services CLIENT agrees to reimburse Wood for all hours worked by professionals at the following classifications and associated hourly labor rates. Classification Rate/Hour Activit¡r Code Princ¡pal Scientist/Eng¡neer $1 95 001 Associate/Project Manager $185 005/010 Senior 2 Scient¡st/Engineer $175 01 5 Senior Scìentist/Engineer 1 $165 O2O Senior lndustrial Hyg¡en¡svclH $155 050 Mid-Level ScientisvEngineer $140 OZs Mid-Level lndustrial Hygienist 1 $l:O 053 M¡d-Level Scìentist/Engineer $120 030 SeniorEngineerTechnician $115 035 Scient¡st/Eng¡neerTechnician $105 040 Technician Services CLIENT agrees to reimburse Wood for all hours worked by technicians at the following classifications and associated hourly labor rates. Classification Rate/Hour Activity Code Technical Editor $95 059 Senior Technicìan $90 056 CAO/Graphic Oesigner $105 056 Technician 2 $80 062 Technician t *tt 065 Administrative Services CLIENT agrees to reimburse Wood for all hours worked by project administrative staff at the following classifications and associated hourly labor rates. Classification Rate/Hour Activity Code Support Staff $80 083 Support Staff $75 089 Support Staff $70 O92 Support Staff $65 080 Miscellaneous Expenses - 4% ol Labor Charges CLIENT agrees to reimburse Wood for miscellaneous expenses incurred, such as consumable supplieg telephone & facsimile charges, photo processing, and small toolt etc., not othen¡vise invoiced as other direct expenses, at the rate of 4o/o of labor charges. Other Direct Expens€s CLIENT agrees to reimburse Wood for all other direct expenses incurred at the following rates, except as othen¡rise specified by Wood in its proposal: Travel Expenses: Transportation (mileage a¡r travel, car rental, etc.), lodging, meals, & incidental expenses Cost plus 15% Subcontract Expenses: Supplies or services furnished to Wood in support of project activities by any supplier or firm, except Cost plus 15%temporary agency or consultant staff charged at above hourly rates Direct Expenses: other expenses in support of project activ¡ties cost plus 1 5% Unit Pricing: Any unit pricing work, such as laboratory analysit in-house equipment rental, etc. will be quoted separately u^17t ooo 5.a Packet Pg. 9 At t a c h m e n t : 5 - E x h i b i t W o o d C o n t r a c t - H y t e k M T C A ( 1 8 3 1 : P r o f e s s i o n a l S e r v i c e s A g r e e m e n t w i t h W o o d E n v i r o n m e n t & I n f r a s t r u c t u r e PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: June 17, 2019 TO: Public Works Committee SUBJECT: Consultant Services Agreement for Transportation Master Plan Phase 2 with Fehr & Peers, Inc. MOTION: Move to Recommend Council authorize the Mayor to sign a Consultant Services Agreement with Fehr & Peers in an amount not to exceed $365,000, 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: Since December 2019, Kent staff along with staff from Fehr & Peers have been completing tasks in the Transportation Master Plan (TMP) Phase I consultant contract. The contract for Phase II includes public outreach, multimodal level-of-service and performance metrics, the base year model, and existing conditions for each mode. BUDGET IMPACT: No impact. Budget for the TMP Update has been established. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City, Evolving Infrastructure ATTACHMENTS: 1. 6 - Exhibit Fehr & Peers - TMP 3 (PDF) 6 Packet Pg. 10 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) 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 4th Ave., 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 Phase 2 of the City's Transportation Master Plan. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by January 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Hundred Sixty Five Thousand Dollars ($365,000), 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: 6.a Packet Pg. 11 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , CONSULTANT SERVICES AGREEMENT - 2 (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. 6.a Packet Pg. 12 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , CONSULTANT SERVICES AGREEMENT - 3 (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 B 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 6.a Packet Pg. 13 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , CONSULTANT SERVICES AGREEMENT - 4 (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. / / / / / / 6.a Packet Pg. 14 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , CONSULTANT SERVICES AGREEMENT - 5 (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: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Kendra Breiland Fehr & Peers, Inc. 1001 4th Ave., Suite 4120 Seattle, WA 98154 (206) 576-4220 (telephone) (206) 576-4225 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk Fehr & Peers - TMP 3/Delchamps 6.a Packet Pg. 15 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 6.a Packet Pg. 16 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , EEO COMPLIANCE DOCUMENTS - 2 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. 6.a Packet Pg. 17 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , EEO COMPLIANCE DOCUMENTS - 3 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: _________________________________________ 6.a Packet Pg. 18 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 1 City of Kent Transportation Master Plan Fehr & Peers Phase 2 Scope of Work – June 10, 2019 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, elected and appointed community representatives, and the public at-large to help improve mobility and quality of life. The purpose of this scope is to outline the consultant team’s involvement in the second phase of the TMP process. This scope builds off the previous Phase 1 work, which identified the City’s transportation goals. 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 City’s expectations. 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. 0.1 Biweekly Project Team Meetings and Communication 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 July 2019 and December 2019. Deliverables:  Biweekly project team meeting notes  Monthly invoices showing the previous month’s billing by hours and tasks, and a project status report by task Task 1 – Assess Trends and Conditions Over the years, the City has undertaken a number of efforts related to transportation planning. The last TMP was updated in 2008 and the City’s comprehensive plan, including transportation element, was updated in 2015. Since the last TMP was adopted in 2008, there has been a variety of disruptive trends in Kent that necessitate a reevaluation of the City’s transportation baseline conditions, including:  An increase in population  Transit service expansion  Growth in e-commerce  Automation, car sharing, and mobility-as-a-service EXHIBIT A 6.a Packet Pg. 19 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 2  Changes to the funding mechanisms available (Business & Occupation tax)  Fiscal constraints requiring tradeoffs Task 1 establishes this baseline understanding of existing conditions in Kent. 1.1 Orientation Interviews We will conduct six stakeholder interviews, speaking with community stakeholders, staff from local transit and transportation agencies, and representatives from the community’s major employers. These interviews may be conducted in Kent (at a location determined and arranged by City staff), conducted by phone, or at a local agency’s office. City staff will also be responsible for inviting interviewees and confirming the interview schedule. We will produce a summary of the interviews for the project record, identifying apparent transportation concerns, issues and priorities to help guide the balance of the project. This task will be performed in conjunction with the first meeting of the Transportation Advisory Board (described in Task 4.4), in which Kent stakeholders will weigh in on existing conditions, needs, opportunities, and priorities. Assumptions:  These interviews will be conducted at a location determined and arranged by City staff.  City staff will also be responsible for inviting interviewees and confirming the interview schedule. If necessary, some interviews may be conducted by phone or at locations outside of Kent. Deliverables:  Memorandum summarizing interview findings 1.2 Review Existing Plans and Related Documents The objective of this task is to review existing documents that are related to or help inform development of the TMP. As part of this review, we will document projects that are currently planned in previously adopted plans and may be incorporated in the draft project list for prioritization. The project list will be sorted by source and include a brief project description, and cost information as available. The list includes:  City of Kent TMP (2008) and TMP Stakeholder Report  2020-2025 Six-Year Transportation Improvement Program (TIP)  Traffic Impact Fee Rate Study  Chapter 12.11 Concurrency Management  Non-motorized Transportation System (NMTS)  The Kent Transit Study  Commute Trip Reduction (CTR) Plan 6.a Packet Pg. 20 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 3  Transportation Element (TE) of the Comprehensive Plan  King County METRO CONNECTS (2017)  Sound Transit 3: The Regional Transit System Plan (2016) Deliverable:  Spreadsheet of projects that are currently planned as part of previously adopted plans that may be incorporated in the draft project list. 1.3 Evaluate Funding Capacity To provide recommendations to ensure that there are appropriate financial resources available to complete the identified policies, programs, and projects, BERK will analyze the City’s funding capacity. Specifically, BERK will first complete a capacity analysis to evaluate baseline funding available over the planning period based on:  Work with finance staff to review Historical transportation revenues, by source, and expenditures by category (past 5-10 years)  Starting with the City’s available projections (e.g. 2019-2020 budget document) we will work with finance staff to develop or refine long-term revenue projections (anticipated to be 2040) Assumptions:  The work will be conducted in collaboration with Kent finance staff.  Minimal reconciliation with non-budgetary documents will be needed (e.g. WSDOT roads report). Deliverable:  Memo of historic funding analysis, and current projections (preliminary draft, draft, and final) 1.4 Transportation Needs Assessment We will use the results of the orientation interviews (Task 1.1), Plan Review (Task 1.2) and a Transportation Advisory Board (TAB) meeting (Task 4.4) to determine a set of key transportation issues. Once the key transportation issues are identified, Fehr & Peers will use these findings to conduct a needs assessment for the following transportation modes and programs:  Existing and Future Vehicle Congestion  Existing and Future Multimodal Needs (Biking, Walking)  Existing and Future Transit Needs  Non-Motorized Network Connectivity  Freight and Truck Mobility  Emergency Vehicle Access  Collision data  Other as identified during completion of Tasks 1.1 and 1.2 6.a Packet Pg. 21 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 4 This needs assessment will include an evaluation of existing conditions, as well as anticipated future conditions, to the extent available before the development of the future forecasting model. Fehr & Peers will summarize collision data and develop heat map figures of collisions that occurred over the most recently available five-year span. Collision history figures and tables may include variables such as: mode involved in collision (vehicle-vehicle involved, pedestrian-involved, and bicyclist-involved), contributing circumstances, vehicle actions, and/or severity. We will develop a brief memorandum documenting the collision data review and findings. Assumptions:  City will provide Consultant with available technical data within two weeks of data request  Consultant team will build on “Trends and Conditions” draft chapter provided by City  New traffic counts would not be collected as a part of this effort since the City has recently conducted traffic counts.  Fehr & Peers will request collision data from the WSDOT online portal. Deliverables:  Visually-enhanced memo documenting existing conditions for the above modes, as well as anticipated future conditions  Brief memorandum specific to collision data review, including maps and figures as well as source materials (pdf, geodatabases including shapefiles and layer files, and .mxd files). All data must include associated metadata. 1.5 Existing Auto Operations Assessment Fehr & Peers will create an existing (year 2019) PM peak hour operations model with up to 75 intersections in the City of Kent. To the extent possible, we will build from networks developed by the City and Fehr & Peers as part of previous projects. Fehr & Peers will analyze up to 75 intersections during the PM peak hour using the Synchro model, applying HCM 2010 methodology. If it is necessary to analyze additional intersections to meet the City’s new MMLOS metrics developed in Phase 1, Fehr & Peers will prepare an additional scope on a cost and materials basis. Fehr & Peers will draft a memorandum that summarizes Task 1.4. The summary memo will identify both link segments and intersections that fail to meet the identified operational standard. Assumptions  City will provide signal timing sheets and information for all signalized intersections.  City will provide traffic counts for all intersections, summarized in 15-minute increments for vehicles, trucks/heavy vehicles, bicycles, and pedestrians. Deliverables:  2019 PM peak hour Synchro intersection-level traffic operations results 6.a Packet Pg. 22 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 5  Summary memo 1.6 Equity Analysis Fehr & Peers will perform an in-depth equity analysis based on identified equity emphasis areas. We will work with the City to identify these areas based on health, income, age, and ethnicity and analyze these communities’ travel options, accessibility, and travel time. We will work with the City to develop a working definition of vulnerable communities, based on quantitative data and qualitative goals. We will assess transportation investments based on several equity metrics, including access to frequent transit service for minority, low-income, senior, and persons with disabilities households. We will meet with City staff in two 1.5-hour in-person meetings. First, we will discuss current equity practices and communities in Kent. After performing a data review and equity analysis, we will meet with the City again to discuss equity emphasis area maps and figures. Deliverables:  Equity emphasis area maps and figures (pdf, geodatabases including shapefiles and layer files, and .mxd files). All data must include associated metadata.  Brief memorandum summarizing the data review and equity analysis process  Meeting agenda and notes 1.7 Layered Network Development Following the level of service (LOS) workshops held in Phase 1 and the existing and planning context analysis performed in this task, we will develop a series of proposed layered networks for the City of Kent that include the following modal priority networks:  Pedestrian  Bicycle  Transit  Freight  Auto Deliverables:  Priority network maps (pdf, geodatabases including shapefiles and layer files, and .mxd files). All data must include associated metadata.  Memo describing how these priority networks guide infrastructure recommendations and tie to LOS policies 6.a Packet Pg. 23 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 6 Task 2 - Metrics Development Once the City’s transportation goals have been established, the next step is to identify the types of level of service (LOS) measures that will reinforce these priorities. We will build off Phase 1 work to develop MMLOS metrics for approval by City Council. 2.1 MMLOS Metrics Based on the outcomes from the workshop in Phase 1 Task 2.1, Fehr & Peers will develop recommended MMLOS standards and planning guidelines for inclusion in the TMP. These MMLOS standards and planning guidelines 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 and accommodate for each mode. We will develop a brief memorandum, which summarizes the LOS metrics and how they relate to state-of- the-practice methods. The City will review the memorandum and provide one round of comments and recommendations. Deliverables:  Memorandum summarizing MMLOS policy recommendations, including maps of facilities. 2.2 Performance Metrics Building off the MMLOS metrics and project goals, Fehr & Peers will work with the City to develop performance metrics to evaluate the proposed project list. We will develop a spreadsheet with potential metrics and meet with the city in a 1.5 hour in-person meeting. Based on feedback, Fehr & Peers will develop a set of proposed metrics and measures. Fehr & Peers will then meet with the City in a 1.5-hour in person meeting to discuss the proposed metrics and measures. Then, we will refine the spreadsheet based on City comments for use in Task 5.1. Deliverables:  Spreadsheet of performance metrics and measures.  Meeting agenda and notes Task 3 – Model Development Task 3 describes the steps necessary to develop a travel demand model customized for the City of Kent that is also consistent with the Puget Sound Regional Council (PSRC) trip-based model. Within the City, most roadways with a functional classification of Residential Collector Arterial/Industrial Collector Arterial or higher as well as some essential Residential Collectors will be included in the transportation demand model. The final version of the model will include a calibrated and validated base year scenario, near-term 6.a Packet Pg. 24 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 7 scenario for concurrency checks, and a long-term scenario for TMP horizon year planning. The model will be capable of producing daily, AM peak hour, and PM peak hour vehicle traffic volume forecasts. The model development will occur in multiple phases. In this phase of work, Fehr & Peers will develop the base year model. In a future phase identified in a separate scope of work, Fehr & Peers will develop near- term and future year forecasts. 3.1 Existing Data Collection and Base Year Model Inputs The existing data required to develop the City’s model will be collected and organized under this task. As part of this task, we will meet with the City in a one-hour in person meeting to discuss desired model capabilities and discuss data needs. The City will be responsible for providing the following information:  Existing traffic counts within the City  Roadway functional classification, number of lanes, and posted speed limits  Peak period parking restrictions or intersection turning movement prohibitions  Existing population and employment estimates  Existing transit routes and service provided by Sound Transit and King County Metro Fehr & Peers will be responsible for providing the following information:  Traffic counts on state facilities The data collected and organized as part of this task will be used to develop the base year roadway networks, traffic analysis zone (TAZ) system and land use estimates, and travel behavior input data needed for each step of the model. The data will also be used to validate the model as part of the next task. Fehr & Peers will coordinate with City staff on an appropriate level of detail for each of these components before beginning development. The following describes the basic components of any travel demand model, which will need to be developed as part of this task. The City will largely be responsible for providing the necessary information within the City, while Fehr & Peers will use appropriate available data sources to gather information outside the City. Roadway Network The determination of which roadways are included in the model is based on the level of detail requested by the City, the size, location, and number of TAZs, land use development patterns, political boundaries, and geographic features. For each roadway within the model, the following attributes need to be coded.  Length  Name  Number of lanes 6.a Packet Pg. 25 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 8  Functional classification  Use restrictions (HOV, transit-only, truck-restricted, etc.)  Posted speed limit  Capacity (vehicles per hour per lane)  Parking restrictions  Volume delay function variables (alpha and beta for BPR curve) Within the City, these values will be updated based on information provided by the City. Outside the City, these values will be consistent with the assumptions in the PSRC model. Intersections For each intersection in the model, any vehicle turning restrictions need to be listed. These include restrictions by time-of-day and by mode. Typical locations where these need to be included are along interstates, at ramp junctions, along divided roadways, and within congested urban areas. Transit Network For each transit route that is incorporated into the model, the specific links that make up the route need to be identified and the physical locations of all stops along each route need to be marked. In addition, variables at the route level need to be determined including fare, frequency, operating hours, and travel time between stops. Post-processing is required for any routes which have multiple variations that operate throughout the day as only one representative route can be coded into the model. Within the City, the transit network assumptions from the PSRC model will be verified for consistency with Sound Transit and King County Metro service, as identified in the Renton Kent Auburn Area Mobility Study Traffic Analysis Zones Traffic analysis zones (TAZs) provide the connection between the supply (roadway and transit networks) and demand (activity generated by land uses) in a travel demand model. The specific boundaries of the TAZs will be determined through an iterative design process with City staff that will occur concurrently with the development of the transportation networks. The TAZ boundaries will be influenced by the roadway detail, political boundaries, land use development patterns, and natural geographic features. The number of TAZs has a direct correlation with how long a model takes to run so a balance must be struck between level of detail and run-time efficiency. For each TAZ, household and employment estimates must also be provided so the size and number of zones is also influenced by a City’s capacity to provide detailed land use information. Fehr & Peers will use the existing TAZ boundaries from the current version of the City’s model that was developed by Fehr & Peers as a starting point for redrawing boundaries. The proposed TAZ boundaries will nest within the PSRC regional model TAZs. After the TAZ boundaries are determined, the TAZs need to be connected to the model roadway network using additional roadway links that represented aggregated access points each zone. Depending on the 6.a Packet Pg. 26 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 9 size and shape of each TAZ, as many as 4 “connectors” may be used to connect the TAZ centroids to the roadway network. The locations of the TAZ centroids and connectors are manually determined for each zone and individually coded into the model. Land Use Data Each TAZ in the model needs an estimate of the amount of residential and non-residential land use within its boundaries. At a minimum, these would be the number of households and the number of employees or jobs in each zone. The City will be responsible for providing this information within the City for each TAZ. The following land use categories are required for the PSRC model. Any categories that the City cannot provide information on will be updated based on assumptions in the PSRC model.  Total households by type: o Single family o Multi-family  Total households by income: o Low income o Lower-mid income o Upper-mid income o Upper income  Total population by type: o Residential o Institutional group quarters o Non-institutional group quarters  Employees by type: o Retail o Finance, insurance, real estate, and services (FIRES) o Government employees o Education employees o Wholesale, transportation, communications, and utilities (WTCU) o Manufacturing  University and college enrollment 3.2 Base Year Scenario Calibration and Validation The base year scenario will be calibrated and validated under this task. The specific validation checks will be appropriate for the scope and scale of the City’s model and will include both static and dynamic tests. The model will be validated to existing conditions data as well as travel behavior patterns consistent with the PSRC regional model. Sample static validation tests include:  Mode split estimates (SOV, HOV, transit, non-motorized)  Comparison of model volumes to existing counts (at individual locations and screenlines) Dynamic validation tests will ensure that the model responds appropriately to changes in land use and modifications to the roadway network. Sample dynamic validation tests include: 6.a Packet Pg. 27 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 10  Change the households in a single TAZ by varying amounts (1, 10, 100, or 1,000)  Change the employment in a single TAZ by varying amounts (1, 10, 100, or 1,000)  Add/remove portions of a roadway from the network  Increase/decrease capacity on congested/uncongested roadway segments Deliverable:  Model validation report summarizing static and dynamic validation tests for each step of the model. The validation requirements will be discussed, and full results provided for each analysis time period. Task 4 - Public Outreach Building champions for this Transportation Master Plan is incredibly important. Community engagement is a key component of the overall process, ensuring that community stakeholders have ample opportunity to identify issues, influence outcomes, and participate in final recommendations. This engagement program will approach these issues sensitively, creating a constructive context for conversation, debate, and, perhaps, change. The overall engagement program will enable collaboration in identifying and resolving issues, facilitate two-way communication, ensure transparency, and build trust. 4.1 Building Awareness For this phase, BERK will assist the City and Fehr & Peers by defining project messages and creating templates/materials. BERK will:  Develop content for a dedicated web page hosted by the City.  Develop templates for outreach materials.  Work with the City to distribute materials (e.g. fliers, project business cards) at community events and standing meetings of stakeholder groups.  Identify social media strategies. As part of this task, Fehr & Peers will work with BERK and City staff to refresh the Public Outreach Plan developed as part of Phase 1. We will update the plan to reflect Phase 2 outreach strategies, events, and timeline. In addition, Fehr & Peers staff will meet with the City Multimedia and Communications representatives in a one-hour meeting to understand City protocols and best practices to maximize efficiencies throughout the development of public outreach materials. 4.2 City Council Check-Ins The Consultant team will present at two City Council meetings to report on progress made and to request input from the Council. Council input will be needed at key points during the development of the TMP:  MMLOS and planning guidance for projects identification  Financial history and current financial landscape 6.a Packet Pg. 28 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 11 Deliverables:  Consultant attendance at City Council meetings  Presentation materials 4.3 City Council Committees Check-Ins The Consultant team will present at two City Council Sub-Committee meetings. The project team will report on progress made and to request input from the Council. We anticipate meeting with the City Subcommittees at the following milestones:  MMLOS and planning guidance for projects identification  Review of public input received and draft performance measures Deliverables:  Consultant attendance at Public Works Committee meetings  Presentation materials for Public Works Committee and Economic and Community Development Committee meetings 4.4 Transportation Advisory Board (TAB) Meetings The TAB group will include a combination of Kent staff, other agencies, key stakeholders, and residents that are interested in the TMP process to provide both technical guidance and represent community interests in reviewing TMP recommendations. We will lead up to two meetings of the Transportation Advisory Board to inform them of the TMP’s purpose and goals, solicit input on key transportation issues, solicit input on priorities and draft deliverables, and report on progress made. Fehr & Peers will facilitate the advisory group meetings. BERK will support the work of the advisory group, such as by identifying agendas for an arc of meetings, sending agendas and materials out and/or contacting advisory committee members to confirm attendance, and preparing advisory committee notes. Assumptions  Up to two meetings will be held. If additional meetings are requested by City staff, Fehr & Peers will put a separate scope together on a cost and materials basis.  Meetings are anticipated to last one and a half hours long  Consultant team will prepare all materials for TAB meetings  City staff will be responsible for recruiting TAB members Deliverables:  Agendas and other materials for TAB meetings, which may include handouts, figures, maps, PowerPoint presentations, etc.  Up to three members of the Consultant team will be present at two TAB meetings 6.a Packet Pg. 29 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 12 4.5 Targeted Outreach Events and Pop-Ups Kent is a diverse community with businesses and residents that reflect different ethnicities, cultures, and primary languages. Outreach activities to “hard to reach” groups are anticipated to include a range of activities. Early phone calls and discussions with points of contact will help shape later activities. This targeted outreach will help identify key contacts for follow up in interviews, pop-ups, open house/workshop participation, or online engagement. BERK will make use of interpreters regarding materials and to help facilitate in-person meetings; these interpreters can be City staff who want to cull long-term relationships or interpreters engaged through a vendor (e.g. Dynamic Languages). Initial targeted outreach is likely to consist of:  Phone calls, attendance at community events or meetings, or canvassing. Examples: o Call churches serving ethnic communities to find pastors that take an interest in the plan. These leaders could help recruit people for a focus group or distribute postcards to take the online survey. o Conduct business district canvas. o Following up with phone calls or emails to keep contacts in hard to reach groups aware and interested in the project progress. o Getting on the agenda at community organization meetings to discuss the plan. BERK will work with the City and Fehr & Peers to identify locations and audiences for pop-up events or focus groups designed to serve traditionally underserved communities. BERK will design targeted outreach events and focus groups/pop-up events at four to six locations to gain public input on plan elements and priorities at early stages of the project:  TMP introduction and priorities (4-6 targeted events to hear from cross-section of community, to share purpose of project, and to gain initial feedback on priorities) Locations, timing, and activities may vary based on the results of the targeted outreach. Assumptions:  City staff will assist with staffing public outreach events  City staff will print any flyers or hand-outs  Fehr & Peers will print poster boards Deliverables:  Pop-up materials including poster boards and PDF files of hand-outs 6.a Packet Pg. 30 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 13 4.6 Online Interactive Webmap BERK will work with the City and Fehr & Peers to design online engagement. Two phases of on-line engagement are planned. This may be best timed with the project list development and/or Draft Plan stage. To collect additional information from members of the public, Fehr & Peers will develop a user-friendly, online interactive map where community members can provide input on potential needs and improvements in specific locations, such as missing bicycle/pedestrian connections, high-stress crossings, challenging intersections or road segments, or near-miss locations. BERK will draft language for survey questions to include as part of the webmap engagement. City staff will review and comment on the draft survey and web map, and the Consultant team will make one round of edits (as needed). After enough time has passed to allow the public opportunity to register comments on the website, we will close the interactive web map for additional comments, and Fehr & Peers will analyze the results, which will inform our project recommendations in Task 3. Deliverables:  Interactive Webmap  Online map findings section of public outreach memorandum 4.7 Outreach Folio with Infographics We will create a two-page folio including infographics that can used internally and externally to communicate the public as part of the outreach effort. City staff can use these materials to communicate the TMP process to the public and key milestones. Deliverable:  Outreach Folio Task 5 - Future Projects Development Following on the understanding of trends and the identification of priorities, the project team will identify policies, programs, and projects that advance the city's priorities. 5.1 Begin Developing List of Projects, Policies, and Programs Once the collision data has been reviewed, a layered network is developed, and level of service standards adopted, Fehr & Peers will begin to identify projects to improve Kent’s transportation infrastructure, through inclusion in the short range (6 year) Transportation Improvement Program (TIP) and long range (20 year) Transportation Master Plan (TMP). This includes reviewing projects in adopted City plans and programs as well as suggesting capital improvements that fill a gap in the multimodal networks. These 6.a Packet Pg. 31 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , City of Kent Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Page | 14 improvements will address needs identified for all modes (as described in Task 1) and follow the established transportation priorities. Fehr & Peers will lead one meeting with City staff, in which we will review the list of roadway projects in adopted plans and programs (Task 1.2). In addition, Fehr & Peers will work with City staff to add projects identified in the transportation needs assessment, projects to meet future bicycle, pedestrian, and transit MMLOS standards, and projects identified in the online webmap. Assumptions:  City staff will provide a list of roadway projects currently planned for Kent and actively participate in project list development meetings  City staff will provide planning-level cost estimates for all projects on project list  Auto projects identified using the future forecast model will be identified in a separate scope of work under Phase 3 Deliverables:  List of draft policies, programs, and projects  Meeting materials including agenda and meeting notes 6.a Packet Pg. 32 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , Total PIC PM Senior Planner Senior Planner Project Planner Associate Graphics Admin Principal Senior Associate Associate Senior Associate Associate Associate Kendra Breiland Emily Alice Gerhart Jeff Pierson Sarah Saviskas Corwin Bell/ Chelsea Dyess Aaron Gooze/ David Stanek Peter Nguyen/ Krystle Li Yukari Bettencourt Lisa Grueter Jason Hennessy Sherrie Hsu Erika Rhett Jescelle Major/ Benjamin Silver Natasha Dunlap Tasks 270$ 160$ 175$ 155$ 140$ 210$ 150$ 120$ 210$ 155$ 135$ 165$ 135$ 115$ FP Berk Task 0: Project Management 19,740$ 0.1 - Biweekly Meetings and Communication 20 60 4 2 2 12 2 6 4 17,730$ 2,010$ 19,740$ Task 1: Assess Trends and Conditions 113,050$ 1.1 - Orientation Interviews 216 16 2 5,580$ -$ 5,580$ 1.2 - Review Existing Plans and Related Documents 212 24 2 6,060$ -$ 6,060$ 1.3 - Evaluate Funding Options 4 01620 640$ 5,180$ 5,820$ 1.4 - Transportation Needs Assessment 10 30 4 72 46 10 26,300$ -$ 26,300$ 1.5 - Existing Auto Operations Assessment 24 8 180 20 3 15 36,730$ -$ 36,730$ 1.6 - Equity Analysis 2 34 36 2 12 5 13,840$ -$ 13,840$ 1.7 - Layered Network Development 12 24 60 16 7 18,720$ -$ 18,720$ Task 2: Metrics Development 28,520$ 2.1 - MMLOS Metrics 820 40 4 5 12,160$ -$ 12,160$ 2.2 - Performance Metrics 16 34 42 6 16,360$ -$ 16,360$ Task 3: Model Development 63,270$ 3.1 - Existing Data Collection and Base Year Model Inputs 34 50 180 17 41,430$ -$ 41,430$ 3.2 - Base Year Scenario Calibration and Validation 16 40 80 9 21,840$ -$ 21,840$ Task 4: Public Outreach 107,380$ 4.1 - Building Awareness 620 124 8 3 8 18 8,800$ 3,750$ 12,550$ 4.2 - City Council Check-Ins 12 20 20 3 6 4 6 6 9,800$ 3,270$ 13,070$ 4.3 - Public Works and Economic and Community Development Committees Check-Ins 830 4 3 6 6 6 7,920$ 2,730$ 10,650$ 4.4 - Transportation Advisory Board (TAB) Meetings 8 24 4 12 8 4 6 36 10,060$ 5,790$ 15,850$ 4.5 - Targeted Outreach Events and Pop-Ups 2 20 6 16 6 3 32 90 40 8,170$ 22,030$ 30,200$ 4.6- Online Interactive Webmap 2 12 6 40 32 4 6 6 8 17,030$ 2,070$ 19,100$ 4.7 - Outreach Folio with Infographics 26 4 2 1 6 18 2,540$ 3,420$ 5,960$ Task 5: Future Projects Development and Evaluation 17,560$ 5.1 - Develop List of Projects, Policies, and Programs 20 36 32 8 6 17,560$ -$ 17,560$ Labor Total 132 476 98 42 836 54 141 119 2 40 24 68 182 40 299,270$ 50,250$ 349,520$ Direct Expenses (mileage, printing, webmap licensing, etc.)14,470$ 1,010$ 15,480$ Total (Labor + Expenses)313,740$ 51,260$ 365,000$ Notes: This fee proposal is valid for a period of 90 days from the proposal submittal date.Actual billing rate at the time of service may vary depending on the final staffing plan at the time the project starts; the overall fee will not be exceededMileage is billed at the IRS rate plus 10% handling feeAll other direct expenses are billed with 10% handling feeOther direct costs include computer, communications, parking, and reproduction charges are billed as a percentage of labor Fehr & Peers Berk Totals By Firm 6.a Packet Pg. 33 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n EXHIBIT B 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. 6.a Packet Pg. 34 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , EXHIBIT B (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 A:VII. 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. 6.a Packet Pg. 35 At t a c h m e n t : 6 - E x h i b i t F e h r & P e e r s - T M P 3 ( 1 8 1 7 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r T r a n s p o r t a t i o n M a s t e r P l a n P h a s e 2 w i t h F e h r & P e e r s , PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: June 17, 2019 TO: Public Works Committee SUBJECT: Consultant Services Agreement for S. 228th St. UPRR Grade Separation Bridge and Roadway Phase 5 with KBA, Inc. MOTION: Move to recommend Council authorize the Mayor to sign a contract with KBA, Inc. for Contract Administration, Contract Management, Quality Control, and Inspection in the amount of $717,000.00 for the S. 228th Union Pacific Railroad Grade Separation Bridge and Roadway project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The S. 228th Union Pacific Railroad Grade Separation Bridge and Roadway project is located on S. 228th St between 4th Ave N. and the West limits of Interurban Trail. This is the 5th and final phase of the S 228th St Grade Separation project that will provide geosynthetic and structural earth retaining wall with rock filled wire facing and shotcrete facing, geofoam block fill, load distribution slab, a two span bridge structure over the UPRR and interurban trail, traffic barriers, pedestrian barriers, bridge railing, water quality storm vaults, storm filters, storm pipe, catch basins, manholes, concrete and HMA pavement, street lighting, conduit, loops, channelization, signing, various driveway improvements, landscaping and irrigation. This consultant contract is needed to provide a Resident Engineer, Inspector, and subconsultant to perform contract administration, construction management, quality control, and inspection on this project. Through our selection process following WSDOT LAG Manual guidelines we have selection KBA, Inc. to provide this staff in addition to a subconsultant to provide quality control. KBA is a firm based in Bellevue, WA that specializes in providing construction management and contract administration on federally funded capital improvement projects for local municipalities throughout the Puget Sound region. BUDGET IMPACT: The project will be paid for using Washington State’s “Connect Washington” Program, Washington State Transportation Improvement Board, and Business and Occupation Funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure 7 Packet Pg. 36 ATTACHMENTS: 1. 7 - Exhibit KBA - 228th Ph 5 (PDF) 7 Packet Pg. 37 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and KBA, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KBA, Inc. organized under the laws of the State of Washington, located and doing business at 11201 SE 8th St., Suite 160, Bellevue, WA 98004-6455, Phone: (425) 455-9720, Contact: Sam Schuyler (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide Construction Management Services for the S. 228th St. Union Pacific Railroad Grade Separation Bridge and Roadway - Phase 5 Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by June 30, 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seven Hundred Seventeen Thousand Dollars ($717,000), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 7.a Packet Pg. 38 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y CONSULTANT SERVICES AGREEMENT - 2 (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 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. 7.a Packet Pg. 39 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y CONSULTANT SERVICES AGREEMENT - 3 (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 shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means 7.a Packet Pg. 40 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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. / / / / / / / / / / / / 7.a Packet Pg. 41 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y CONSULTANT SERVICES AGREEMENT - 5 (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: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Sam Schuyler KBA, Inc. 11201 SE 8th St., Suite 160 Bellevue, WA 98004-6455 (425) 455-9720 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk KBA - 228th Ph 5/Barry 7.a Packet Pg. 42 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 7.a Packet Pg. 43 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y EEO COMPLIANCE DOCUMENTS - 2 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. 7.a Packet Pg. 44 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y EEO COMPLIANCE DOCUMENTS - 3 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: _________________________________________ 7.a Packet Pg. 45 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y KBA, Inc. June 4, 2019 1 of 6 EXHIBIT A SCOPE OF SERVICES Construction Management Services For S. 228th St. Union Pacific Railroad Grade Separation Project – Phase V KBA, Inc. (Consultant) will provide Construction Management (CM) services to The City of Kent (City) for the Project known as 228th St. Union Pacific RR Grade Separation Phase V (Project). These services will include consultation, contract administration, field observation, documentation, and material testing, as required during the construction of the Project, as detailed below. Project Description: The project consists of the construction of a grade separation between the Union Pacific Railroad (UPRR) tracks and S. 228th Street. It will require the installation of a geosynthetic and structural earth retaining wall with rock filled wire facing and shotcrete facing, geofoam block fill, load distribution slab, a two span bridge structure over the UPRR and interurban trail, traffic barriers, pedestrian barriers, bridge railing, water quality storm vaults, storm filters, storm pipe, catch basins, manholes, concrete and HMA pavement, street lighting, conduit, loops, channelization, signing, various driveway improvements, landscaping and irrigation. The Designer of Record on this project is HDR (Designer) and the City of Kent. I. CONSTRUCTION MANAGEMENT SERVICES A. Consultant Contract and Team Management. Provide overall day-to-day management of the consultant contract and team, including: 1. Decide on best modes and frequency of communication with City and Designer. Liaison and coordinate with City on a regular basis to discuss Project issues and status. 2. Manage Consultant Team, comprised of Consultant’s staff and subconsultants. Organize and layout work for Consultant Team 3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to City monthly, an invoice and progress report describing Consultant Team services provided that month. Prepare and submit reporting required by funding source(s), if any. 4. Communication on consultant contractual issues will be with the City. Communication on day-to-day construction activities and issues will be directly between the Consultant and the City. The City will be an active member of the Project team and consulted on design issues, and will be provided with information affecting Project progress. Deliverables Monthly invoices and progress reports B. Preconstruction Services 1. Review Contract Documents to familiarize team with Project requirements. C. Construction Phase Services – Contract Administration 1. Liaison with the City, construction contractor, Designer, appropriate agencies, property owners, and utilities. 2. Schedule Review: a. Review construction contractor’s schedules for compliance with Contract Documents. b. Monitor the construction contractor’s conformance to schedule and require revised schedules when needed. Advise City of schedule changes. 7.a Packet Pg. 46 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y KBA, Inc. June 4, 2019 2 of 6 3. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction contractor, including City pre-briefing. Prepare weekly meeting agenda and meeting notes, and distribute copies to attendees. Track outstanding issues on a weekly basis. 4. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate party, work plans, shop drawings, samples, test reports, and other data submitted by the construction contractor, for general conformance to the Contract Documents. 5. Record of Materials. Manage Record of Materials indicating anticipated material approvals, material compliance documentation, and materials testing requirements. Maintain records of material compliance documentation received and advise of any known deficiencies. 6. Prepare weekly statement of working days and distribute to the City and Contractor. 7. Manage RFI (Request for Information) process. Track and review/evaluate, or cause to be reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs. 8. Change Management. Evaluate entitlement, and prepare scope, impact, and independent estimate for change orders. Facilitate resolution of change orders. 9. Monthly Pay Requests. Prepare monthly requests for payment and/or review payment requests submitted by the construction contractor. Review with City and construction contractor, and recommend approval, as appropriate. 10. Evaluate construction contractor’s Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. 11. Notify construction contractor and City of work failing to meet contract requirements. . 12. Prevailing Wage Monitoring: a. Monitor Payroll Compliance. Review Statements of Intent to Pay Prevailing Wage against the Contract Document requirements. Collect, record, and check weekly certified payrolls and conduct on-site wage interviews, both at a frequency documented in accordance with Agency guidelines. 13. Assist the City in the investigation of malfunctions or failures during construction. 14. Public Information. Provide information for City to prepare media communications and public notices on Project status. Provide information for City’s inclusion into a Project website and/or newsletters, if requested. 15. Record Drawings. Review not less than monthly, the construction contractor’s redline set of contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, location of discovered anomalies and other items, as encountered by the CM team. Use these markups to check the progress of the Contractor-prepared Record Drawings. 16. Document Control. Establish and maintain document filing and tracking systems, following City guidelines and meeting funding agency requirements. Collect, organize, and prepare documentation on the Project. a. One hard copy of files will be kept in the Project field office. b. Electronic documentation will be stored in a Project Website, using SharePoint software, managed and hosted by the Consultant. The City will be provided with up to two licenses for their and the construction contractor’s use of the SharePoint website during the Project. Consultant will provide one training session each for City and construction contractor users of the SharePoint system. c. The Project SharePoint site will transition to “read-only” access upon expiration of the Agreement, or upon project completion and transfer of final records, whichever occurs first. Transference of final records will include a digital copy of the files stored in the Project SharePoint site. Access to SharePoint will expire following that date. 7.a Packet Pg. 47 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y KBA, Inc. June 4, 2019 3 of 6 17. Project Closeout. Prepare Letters of Substantial (including punch list), Physical, and Final Completion for City approval and signature. Prepare final pay estimate and Final Contract Voucher Certification for City approval and processing. 18. Final Records. Compile and convey final Project records, transferring to the City for archiving at final acceptance of the Project. Records will consist of hard copy originals and electronic records on electronic storage medium. Deliverables  Monthly Construction Progress Reports  Schedule Review Comments  Meeting Agendas and Notes  Submittal Log  Record of Materials  RFI Log  Change Order(s)  Progress Pay Requests  Letters of Substantial, Physical, and Final Completion  Final estimate and Final Contract Voucher Certification  Final records – hard copy and electronic D. Construction Phase Services – Field 1. Observe the technical conduct of the construction, including providing day-to-day contact with the construction contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant’s personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications. 2. Inspect material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes. Advise the construction contractor and City of any non- conforming work observed. 3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor’s operations as actually observed by the Consultant; includes quantities of work placed that day, contractor’s equipment and crews, and other pertinent information. 4. Interpret Construction Contract Documents, in coordination with Designer. 5. Evaluate issues which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. 6. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. 7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. 8. Prepare Field Note Records, Daily Records of Force Account Worked, and other documents to help facilitate administration of the Project in accordance with funding agency requirements. 9. Attend and actively participate in regular on-site meetings. 10. Take periodic digital photographs during the course of construction. Photographs to be labeled and organized. 11. Punch List. Upon substantial completion of work, coordinate with the City and affected agencies, to prepare a ‘punch list’ of items to be completed or corrected. Coordinate final inspection with those agencies. 7.a Packet Pg. 48 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y KBA, Inc. June 4, 2019 4 of 6 12. Testing. Conduct or cause to be conducted, materials and laboratory tests. Coordinate the work of the Field Representative(s) and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and inform City and construction contractor of deficiencies. Deliverables  IDRs with Project photos – submitted on a weekly basis  Field Note Records and Daily Records of Force Account Worked  Punch List(s)  Test reports E. Assumptions 1. Budget: a. Staffing levels are anticipated in accordance with the attached budget estimate. Consultant services are budgeted for a 240 construction contractor working day period plus 10 days project startup and 20 days project closeout. Overtime has not been figured into the budget. b. Consultant will work up to the limitations of the authorized budget. If additional budget is needed to cover such instances as the following, City and Consultant will negotiate a supplement to this Agreement: i. The contractor’s schedule requires inspection coverage of extra crews and shifts. ii. The construction contract runs longer than the time period detailed above. iii. Any added scope tasks. iv. The work is anticipated to be performed during daytime hours. Should night work be necessary, a 15 percent differential for labor will be applied to all night shift hours worked by Consultant’s employees. c. The budget allocations shown on Exhibit B are itemized to aid in Project tracking purposes only. The budget may be transferred between people, or between labor and expenses, provided the total contracted amount is not exceeded without prior authorization. d. The budget assumes that Consultant’s standard forms, logs, and processes will be used on the Project SharePoint site. Any customization to meet specialized City requirements will be Extra Work. e. Should Consultant’s level of effort extend beyond the time period detailed in the attached Exhibit B - Estimate, and into a new year, labor rates will adjust annually on January 1, with 30-day written notice to Agency. 2. Items and Services City will provide: a. Meeting arrangements and facilities for pre-bid and preconstruction meetings. Prepare and distribute meeting notes from pre-bid meeting(s), if any. b. Field office, including: i. workstations (desk, chair, and storage) for two staff ii. conference table and chairs iii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color iv. miscellaneous office supplies v. utilities and sanitary facilities c. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final record drawings. 7.a Packet Pg. 49 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y KBA, Inc. June 4, 2019 5 of 6 d. Coordination with and enforcement of utility franchise agreements and/or contracts and schedules for services related to this Project. e. Verify that the required permits, bonds, and insurance have been obtained and submitted by the construction contractor. Obtain all permits not required to be provided by construction contractor. f. Construction Survey. Provide project control survey and staking that is not already assigned to the construction contractor. 3. Scope: a. The SharePoint tool being used on this Project is proprietary to the Consultant (KBA, Inc.), and may not be used by any other party or on any other project without the written permission and involvement of KBA, Inc. b. Consultant will provide inspection services for the days/hours that its’ Inspector(s) personnel is/are on-site. The Inspector(s) will not be able to observe or report construction activities, or collect documentation, during the time they are not on-site. c. The Consultant’s monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non-conforming work and pursue the other remedies in the interests of the City, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractor’s performance, and it is understood that Consultant shall assume no responsibility for proper construction means, methods, techniques, Project site safety, safety precautions or programs, or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or City’s expectations. d. Definitions and Roles. The use of the term “inspect” in relation to Consultant services is synonymous with “construction observation,” and reference to the “Inspector” role is synonymous with “Field Representative,” and means: performing on-site observations of the progress and quality of the Work and determining, in general, if the Work is being performed in conformance with the Contract Documents; and notifying the City if Work does not conform to the Contract Documents or requires special inspection or testing. Where “Specialty Inspector” or “specialty inspection” is used, it refers to inspection by a Building Official or independent agent of the Building Official, or other licensed/certified inspector who provides a certified inspection report in accordance with an established standard. e. Because of the prior use of the Project site, there is a possibility of the presence of toxic or hazardous materials. Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. If the Consultant suspects the presence of hazardous materials, they will notify the City immediately for resolution. f. Review of Shop Drawings, samples, and other submittals will be for general conformance with the design concept and general compliance with the requirements of the contract for construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. g. Any opinions of probable construction cost provided by the Consultant will be on the basis of experience and professional judgment. However, since Consultant has no control over competitive bidding or market conditions, the Consultant cannot and does not warrant that bids or ultimate construction costs will not vary from these opinions of probable construction costs. 7.a Packet Pg. 50 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y KBA, Inc. June 4, 2019 6 of 6 h. Development of construction schedules and/or sequencing, and/or reviewing and commenting on contractor’s schedules, is for the purpose of estimating number of days to complete a project, and for identifying potential schedule and coordination challenges and determining compliance with the construction contract. It is not a guarantee that a construction contractor will complete the Project in that sequence or timeline, as means and methods are the responsibility of the construction contractor. i. Consultant is not responsible for any costs, claims or judgments arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. The Consultant does not have responsibility for the professional quality or technical adequacy or accuracy of the design plans or specifications, nor for their timely completion by others. j. Consultant’s indemnity and defense obligations are limited to the extent of those damages directly caused by the negligent acts, errors, or omissions of the Consultant. Any damages and/or costs that may be recovered shall be limited to the total amount authorized for this Project. k. City agrees to include a statement in the construction Bid Documents for this Project, requiring construction contractor to name KBA, Inc. as an additional insured via CG 2010 & CG 2037 10/01, or their equivalent, endorsements to the contractor’s commercial general liability and automobile insurance policies. l. RCW 4.24.115 is applicable to Consultant’s services provided under this Agreement. m. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, in the same geographical area and time period. Nothing in the Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed by either party to the other. n. City agrees that Consultant will not be held liable for the completeness, correctness, readability, or compatibility of any electronic media submitted to City, after an acceptance period of 30 days after delivery of the electronic files, because data stored on electronic media can deteriorate undetected or can be modified without Consultant’s knowledge. o. Consultant will not be liable for any damage to the field office premises or utilities provided by City, unless caused by Consultant’s own negligence. II. OPTIONAL SERVICES All services not detailed above, are considered Optional Services, which, along with any other Extra Work requested by the City, will be performed only when a mutually negotiated Supplement to this Agreement is executed, specifying scope of services and budget. 7.a Packet Pg. 51 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y Project Name:228th St. Union Pacific RR Grade Sep Ph V Month Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Client Project No.:N/A Days/Mo 19 21 22 20 22 22 20 22 22 21 21 22 19 KBA Project No.:BP-17-057-03 Hr/Mo 152 168 176 160 176 176 160 176 176 168 168 176 152 Contract Type:Cost + Net Fee (on DSC only)Extra Work 13%13%13%13%13%13%13%13%13%13%13%13%13% Date Prepared:5/16/2019 Adj Hr/Mo 171 189 198 180 198 198 180 198 198 189 189 198 171 Prepared by:Sam Schuyler Salary Escalation 5%Start-Up KBA Labor Hours EXHIBIT B Closeout Employee Title 2019 Rate 2020 Rate 2021 Rate Total Hours 2019 Total 2020 Total 2021 Total Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Sam Schuyler (M2) Project Manager $72.50 $76.13 $79.93 26 4 22 - 2 2 2 2 2 2 2 2 2 2 2 2 2 Amanda Beckwith (A3) Contract Admin $34.60 $36.33 $38.15 18 5 13 - 4 1 1 1 1 1 1 1 1 1 1 1 3 Wendy Blackwood (A3) Subconsultant CA $33.00 $34.65 $36.38 18 5 13 - 4 1 1 1 1 1 1 1 1 1 1 1 3 Cameron Bloomer (E4) FE/OE $52.00 $54.60 $57.33 2,340 324 2,016 - 135 189 198 180 198 198 180 198 198 189 189 198 90 Gary Paxton (T5) Inspector $51.00 $53.55 $56.23 1,773 324 1,449 - 135 189 198 180 198 198 180 153 153 189 - - - Gary Paxton (T5) Inspector- NS $58.65 $61.58 $64.66 90 - 90 - - - - - - - - 45 45 - - - - Subtotal - KBA Labor Hours 4,265 662 3,603 - 280 382 400 364 400 400 364 400 400 382 193 202 98 Direct Expenses Item Total Costs 2019 Total 2020 Total 2021 Total Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Vehicles @ $950/month (plus tax)22,744$ 3,883 18,861 - 1,787 2,096 2,096 2,096 2,096 2,096 2,096 2,096 2,096 2,096 1,048 1,048 - Vehicles @ $6/hour (plus tax)596$ - 596 - - - - - - - - - - - - - 596 Misc: Supplies, Equipment, Copies, Postage 295$ 53 242 - 31 22 22 22 22 22 22 22 22 22 22 22 22 Subtotal - Direct Expenses 23,635$ 3,936 19,699 - 1,818 2,118 2,118 2,118 2,118 2,118 2,118 2,118 2,118 2,118 1,070 1,070 618 Subconsultant(s) Subconsultants Total Costs 2019 Total 2020 Total 2021 Total Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Terracon Consultants, Inc.56,466$ - 56,466 - - - - 7,060 7,058 7,058 7,058 7,058 7,058 7,058 7,058 - - Subtotal - Subconsultant Costs 56,466$ - 56,466 - - - - 7,060 7,058 7,058 7,058 7,058 7,058 7,058 7,058 - - Combined Costs Employee Title 2019 Rate 2020 Rate 2021 Rate Total DSC 2019 Total 2020 Total 2021 Total Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Sam Schuyler (M2) Project Manager $72.50 $76.13 $79.93 1,965$ 290 1,675 - 145 145 152 152 152 152 152 152 152 152 152 152 152 Amanda Beckwith (A3) Contract Admin $34.60 $36.33 $38.15 645$ 173 472 - 138 35 36 36 36 36 36 36 36 36 36 36 109 Wendy Blackwood (A3) Subconsultant CA $33.00 $34.65 $36.38 615$ 165 450 - 132 33 35 35 35 35 35 35 35 35 35 35 104 Cameron Bloomer (E4) FE/OE $52.00 $54.60 $57.33 126,922$ 16,848 110,074 - 7,020 9,828 10,811 9,828 10,811 10,811 9,828 10,811 10,811 10,319 10,319 10,811 4,914 Gary Paxton (T5) Inspector $51.00 $53.55 $56.23 94,118$ 16,524 77,594 - 6,885 9,639 10,603 9,639 10,603 10,603 9,639 8,193 8,193 10,121 - - - Gary Paxton (T5) Inspector- NS $58.65 $61.58 $64.66 5,542$ - 5,542 - - - - - - - - 2,771 2,771 - - - - Direct Salary Costs 229,807$ 34,000 195,807 - 14,320 19,680 21,637 19,690 21,637 21,637 19,690 21,998 21,998 20,664 10,543 11,034 5,279 Overhead (Home) @ 5,345$ 1,041 4,305 - 688 352 370 370 370 370 370 370 370 370 370 370 605 Overhead (Field) @ 332,804$ 49,017 283,787 - 20,424 28,593 31,452 28,593 31,452 31,452 28,593 31,983 31,983 30,023 15,157 15,879 7,218 Subtotal (DSC + OH)567,956$ 84,058 483,899 - 35,432 48,625 53,459 48,653 53,459 53,459 48,653 54,352 54,352 51,056 26,070 27,283 13,102 Fee (on DSC only) @ 68,942$ 10,200 58,742 - 4,296 5,904 6,491 5,907 6,491 6,491 5,907 6,600 6,600 6,199 3,163 3,310 1,584 Subtotal (DSC + OH + Fee)636,899$ 94,258 542,641 - 39,729 54,529 59,950 54,560 59,950 59,950 54,560 60,951 60,951 57,255 29,232 30,593 14,686 Direct Expenses (No Markup)23,635$ 3,936 19,699 - 1,818 2,118 2,118 2,118 2,118 2,118 2,118 2,118 2,118 2,118 1,070 1,070 618 Subconsultant(s)56,466$ - 56,466 - - - - 7,060 7,058 7,058 7,058 7,058 7,058 7,058 7,058 - - TOTAL ESTIMATED COSTS 717,000$ 98,194 618,806 - 41,547 56,647 62,068 63,738 69,126 69,126 63,736 70,127 70,127 66,431 37,360 31,663 15,304 Rounded to nearest whole dollar. CONFIDENTIAL & PROPRIETARY TO KBA, INC. 165.72% De t e r m i n a t i o n of H o u r s Sc h e d u l e Ph V Construction (240 working days) 146.88% 30.00% Printed: 5/16/2019 11:50 AM S:\Projects\Contracts\Client\Kent\BP-17-057-03 Kent-228th-St-Ph V\Drafts&NegotiationRecords\In-houseDrafts\Exhibit-B-Estimate-Kent-228th-PhV-v3-2019-0516 7.a Packet Pg. 52 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y P h a s e 5 w i t h ) 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 $2,000,000 each occurrence, $4,000,000 general aggregate. 7.a Packet Pg. 53 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y 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 A:VII. 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. 7.a Packet Pg. 54 At t a c h m e n t : 7 - E x h i b i t K B A - 2 2 8 t h P h 5 ( 1 8 1 8 : C o n s u l t a n t S e r v i c e s A g r e e m e n t f o r S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n B r i d g e a n d R o a d w a y PUBLIC WORKS DEPARTMENT Tim LaPorte, PE 220 Fourth Avenue South Kent, WA 98032 253-856-5600 DATE: June 17, 2019 TO: Public Works Committee SUBJECT: Information Only - Quiet Zone Update SUMMARY: Union Pacific Railroad Staff are working with the Washington State Department of Transportation (WSDOT) for the ability to include Willis St (SR 516) in the UPRR quiet zone. SR 516 is a limited access highway at the UPRR crossing and the state owns and controls the highway. We are working with WSDOT to change the access control from limited access to managed access which would give the City ownership of the roadway at the crossing. WSDOT estimates this process will be completed by the end of January 2020. An alternative to this approach is to obtain a Letter of Concurrence from WSDOT that they do not oppose the city’s Quiet Zone. We continue to pursue through approaches because either of the two is necessary to apply for a Quiet Zone on the UPRR. BNSF Railway The application to the Federal Railroad Administration (FRA) to establish a quiet zone on the BNSF mainline was submitted on April 3, 2019. The 60-day comment period has ended. We have contacted FRA to request a response to our application to establish a Quiet Zone. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Sustainable Services 8 Packet Pg. 55