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.
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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.
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Public Works Committee CC PW Regular Meeting
Minutes
June 3, 2019
Kent, Washington
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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
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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)
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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.
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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
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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
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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:
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\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
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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)
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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:
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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.
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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
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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.
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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
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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: _________________________________________
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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.
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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: _________________________________________
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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ATTACHMENTS:
1. 7 - Exhibit KBA - 228th Ph 5 (PDF)
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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:
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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.
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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
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CONSULTANT SERVICES AGREEMENT - 4
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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.
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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
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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: _________________________________________
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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.
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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: _________________________________________
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KBA, Inc. June 4, 2019
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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.
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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.
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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.
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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.
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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.
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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.
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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%
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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
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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.
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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.
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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
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