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CAG2023-520 - Original - Fehr & Peers, Inc. - Local Road Safety Plan - 10/11/2023
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Karin Bayes for David Paine Public Works Date Sent: Date Required: c 09/29/2023 10/6/2023 Q Mayor or Designee to Sign. Date of Council Approval: Q Q Interlocal Agreement Uploaded to Website 9/5/2023 Budqet Account Number: Grant? Yes❑ No❑ Budget?❑Yes❑No Type: N/A Vendor Name: Category Fehr & Peers, Inc. Contract Vendor Number: Sub-Category: Original 0 Project Name: Local Road Safety Plan cProject Details: The consultant shall assist in the update of the Local Road Safety Plan c Basis for Selection of Contractor: AgreementAmoun $306,910 Direct Negotiation 4J Memo to Mayor must be attached � 3- Start Date: �uponexecution Termination Date: August 30, 2024 Q Local Business?❑Yes❑No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace. Business License Verification: ❑Yes❑In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified Notice required prior to disclosure? Contract Number:= ❑Yes❑No CAG2023-520 Comments: H i 3 f0 IM C C a1 Vf � 3 0 cc a, a, cc Date Received:City Attorney: 9/29/23 Date Routed:Mayor's Office City Clerk's Office adccW22373_120, f Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT W A S H I N G T O N DATE: September 19, 2023 TO: Kent City Council SUBJECT: Consultant Services Agreement with Fehr and Peers, Inc. for the Local Road Safety Plan Update - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Fehr and Peers, Inc. in an amount not to exceed $306,910, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Transportation Engineering staff completed the 2022 Kent Local Road Safety Plan (LRSP), which lays out an evidenced-based analysis of crashes, with recommendations for spot improvements at top crash locations. Earlier this year, city staff partnered with Puget Sound Regional Council and several other cities to apply for a federal, Safe Streets and Roads for All (SS4A) grant. This grant allows the city to update the LRSP and enhance the document to make more city projects eligible for additional federal grants. Following award of the SS4A grant the city released a request for proposals to update the LRSP. Two qualifying responses were received. Following an interview process conducted in July 2023, Fehr and Peers, Inc. was selected to provide consultant services to the City for analysis and support of the update to the LRSP. This update includes engagement with public and private stakeholders, identifying and prioritizing safety treatments and pedestrian facility needs, with education and outreach on Safe Systems Approach that focuses on reducing serious and fatal crashes. As noted, this update will enable the City to qualify and compete for additional federal funding. BUDGET IMPACT: No impact. The project is funded through a federal grant agreement administered by the Puget Sound Regional Council (PSRC) authorized by Kent City Council on July 18, 2023. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Consultant Services Agreement- Local Road Safety Plan - Fehr and Peers (PDF) 09/05/23 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 9/19/2023 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner KENT .vn5• i.r. CONSULTANT SERVICES AGREEMENT between the City of Kent and Fehr and 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 601 Union Street, Suite 3525, Seattle WA 98101 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall assist in the update of the Local Road Safety Plan. For a description, please see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with the care, skill and diligence ordinarily exercised by professionals performing the same or similar services, within the Puget Sound region, under similar circumstances to that of Consultant under this Agreement. 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. The Consultant shall complete the work described in Section I by August 30, 2024. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Hundred Six Thousand, Nine Hundred Ten Dollars ($306,910), 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 thirty (30) 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. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT- 1 (Over$20,000) for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. 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: 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 the 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 the 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 the 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. The City shall pay Consultant for all services provided prior to the date of termination. 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 the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ('force majeure event"), or any other unforeseeable event beyond the reasonable control of Consultant. Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for,the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT- 2 (Over$20,000) Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs,the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event.The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. 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. The Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. VIII. INDEMNIFICATION. The 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 acts, errors, or omissions in the 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 the 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 the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. 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 FORTHE PURPOSES OFTHIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the 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 the 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. IX. 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. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. 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 CONSULTANT SERVICES AGREEMENT- 3 (Over$20,000) 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. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the 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 shall be subject to the City's general right of inspection to secure completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. 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 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 VIII 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 the Consultant. CONSULTANT SERVICES AGREEMENT-4 (Over$20,000) 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 the 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 maybe subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT- 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: CITY OF KENT: By: Print Name: Dan Grayuski Print Name: Dana Ralph Its Principal Its Mayor DATE: September 26, 2023 DATE: 10/11/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Dan Grayuski Chad Bieren, P.E. Fehr & Peers, Inc. City of Kent 601 Union Street, Suite 3525 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 253-300-6498 (telephone) (253) 856-5600 (telephone) D.Grayuski@fehrandpeers.com (email) PublicWorks@KentWA.gov (email) APPROVED AS TO FORM: Kent Law Department ATTEST: et*�' 6WT� Kent City Clerk CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter"Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health orenvironmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: Dan Grayuski For: Fehr & Peers Title: Principal Date: September 26, 2023 EEO COMPLIANCE DOCUMENTS - 4 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 Exhibit A FEHR PEERS Date: August 15, 2023 To: David Paine From: Taylor Whitaker, Kendra Breiland; Fehr& Peers Subject: Scope for Kent Local Road Safety Plan Update The Fehr& Peers team will refine and finalize the work plan, budget, and schedule, as well as manage day-to-day operations for the contract. In addition to regularly scheduled meetings, routine communication and close coordination with City staff will be critical to help the project progress smoothly, on time, and within budget. The purpose of the Local Road Safety Plan (LRSP) update is to incorporate the most recent available data and expand recommended strategies to reduce severe and fatal crashes over a wider geographic area.Tasks will include educating stakeholders on the Safe System Approach, collect input on proposed mitigation and prioritization using an equity lens, and translate this input into recommendations.The end result will be an updated Kent LRSP that qualifies as an action plan for the USDOT Safe Streets and Roads For All program. Task o: Project Management To facilitate close communication with the City team, the Consultant will host a one hour virtual kick off meeting to review scope, schedule, and budget and discuss key priorities for this project. The Consultant will work with the City's project manager to schedule and host twice-monthly check-in coordination calls over the course of this 11-month process to foster frequent communication on emerging project needs and ensure the project scope, schedule, and budget are effectively managed. The Consultant will prepare agendas for all meetings and propose maintaining a shared document (e.g., Sharepoint, OneDrive, Google Docs)for ongoing coordination meeting notes that can be easily referenced by all parties.Throughout the project, the Consultant will produce and maintain a project schedule confirming meetings, project deliverables, and review deadlines. Monthly progress reports will be provided with each invoice outlining tasks accomplished and deliverables provided in the monthly billing cycle. This scope also includes 'direct costs' which covers project overhead costs such as printing, data communications, travel, and other expenses necessary to successfully implement the project. Exhibit A City of Kent FT August 15,2023 Page 2of11 VA Deliverables: • One hour virtual kick off meeting • Twice-monthly check in coordination calls • Monthly progress reports Assumptions: • Project management hours will be billed through tasks 1-4 rather than as a separate task. Task 1: Safe System Approach Task 1.a Trends in Data, Identify High Risk Corridors) Safe Systems Approach Outreach and Translation Trends in Data Kent will conduct an analysis of trends in collision data and perform the systemic safety analysis and provide a GIS database to the Consultant with processed collision data. Identify High Risk Corridors The Consultant will perform a geospatial identification (geographic or locational data using maps) of higher risk locations by mode to identify High Risk Corridors for the City.The deliverable for this task will be a map of the Kent High Risk Corridors by mode, a list of the prioritized corridors, and a geodatabase of the data. Safe Systems Approach Outreach and Translation Engagement Plan The Kent LRSP will be shaped by an inclusive engagement effort reflective of the full range of Kent residents, businesses, and visitors.The Consultant will begin by developing a foundational engagement plan that outlines strategies and tools to meaningfully involve residents, businesses, and visitors, building off relationships built throughout the Transportation Master Plan. Modeled on the outreach plan delivered by the consultant for the Kent Transportation Master Plan,the public engagement plan will include an outline of the recommended outreach process to provide a roadmap for the public engagement throughout the project.This will include when to engage the public in the process, key questions to ask at each stage, and outreach activities and channels (and may include innovative strategies for web promotion) and administration of the direct compensation for participation in Tasks 2 and 3 As part of the outreach plan, the Consultant will identify which materials should be translated to best serve community conversations. Exhibit A City of Kent August 15,2023 Page 3of11 This scope assumes translating three (3) one-page documents at key points in the plan development:two fact sheet/flyers that will cover the beginning, middle, and end products; and one poster into six (6) languages (Spanish, Punjabi, Ukrainian, Vietnamese, Chinese, Tagalog). Online materials will be supported by Google Translate options for engagement in multiple languages. If through the course of this outreach process, the City identifies a need for live interpretation or additional translation of materials, the Consultant will develop a separate scope and fee to cover this additional effort. Deliverables: • A map of the Kent High Risk Corridors by mode, a list of the prioritized corridors, and a geodatabase of the data. • Public engagement strategy plan and Fact sheet, translations and online materials. Assumptions: • The City will provide the Consultant with the following GIS data: o Roadway segments feature class o Processed collision data in excel and GIS format Task 2: Task Force Assignment Task 2.a Council or Mayor Task Force Having a Target Statement to commit to an eventual goal of zero fatalities and serious injuries will be critical to securing grant funding through the Safe Streets for All program.To support the development of this Vision Statement, the Consultant will facilitate a two-hour workshop to develop this statement.The Consultant will present examples from other similarly situated communities that have successfully developed Vision Zero and Target Zero programs. The City of Kent is forming a stakeholder technical advisory group (TAG), which will include a combination of Kent staff, other agencies, key stakeholders, and residents that are interested in addressing and improving safety in Kent. The Consultant will lead up to three meetings of the stakeholder group to inform and discuss community priorities for transportation safety, confirm key corridors and safety countermeasures, and develop buy-in of the draft plan materials. Deliverables: • Agendas and other materials for the Target Zero workshop and TAG meetings, which may include handouts,figures, maps, PowerPoint presentations, notes and meeting summaries, etc. • Up to four members of the Consultant team will be present at three meetings and one workshop. Assumptions: Exhibit A City of Kent FT August 15,2023 Page 4 of 11 VA • It is assumed that City staff will determine the attendees invited to the Target Zero workshop and the TAG meetings. • The City will determine whether the full TAG will participate in the Target Zero statement workshop. • City staff will also advise on whether the meeting should be in-person or virtual. For budgeting purposes, we have assumed that the meetings will be in person. • Up to four meetings will be held, including one workshop to develop a target zero goal. If additional meetings are requested by City staff, the Consultant will put a separate scope together on a cost and materials basis. • The Target Zero statement workshop will last two hours, other meetings are anticipated to last one and a half hours long. • Consultant team will prepare all materials for the Target Zero workshop and TAG meetings. • City staff will be responsible for recruiting TAG members, identifying a meeting space, and confirming participation. • The project team will follow guidance provided by the City, considered in alignment with PSRC and the Washington State Office of Equity for compensating ongoing participation and one-time engagement activities involving non-staff. Task 2.b Alternatives Development I Local Road Safety Plan Methodology From the subset of high risk corridors and processed collision data received from City staff, the Consultant, in conjunction with City staff, will support up to ten priority project locations consisting of hot spots, sub-corridors, or small zones. The project priority locations will include a mix of"quick build" projects that can be deployed quickly to address crashes and larger-scale projects that are more costly and complex to implement, but can address more crashes or crashes that cannot be addressed through a quick build. This scope includes developing the priority project location list/map in a two-hour workshop with City staff. The Consultant will collaborate with City staff to identify a list of Priority Projects, which will be based on the results of the collision analysis, collision profile, community engagement, and systemic evaluation tasks.These locations may include a combination of hot spot locations, key collision corridors, and locations identified as having greater potential for future collisions through the systemic evaluation. Deliverables: • Identification of up to ten priority project locations in a list and map format Task 2.c Sidewalk Prioritization in GIS In conjunction with City staff, the Consultant will identify, formulate and recommend projects and other improvements to create a prioritization framework to eventually make walking in Kent easier, comfortable, and connected. The Consultant will evaluate the existing pedestrian Exhibit A City of Kent IT August 15,2023 Page 5of11 VA environment and comfort level using data by utilizing a methodology that identifies the relationship between the built environment, infrastructure connectivity, and pedestrian travel patterns. Community feedback shall be factored in to select the focus areas. The features listed below may be factored into this task: • Pedestrian Safety and Barriers (Pedestrian collisions, access to/distance between barrier crossings such as high-volume arterials, distance between crosswalks, missing sidewalks) • Connectivity to Community Facilities(Nearby land uses and major trip generators including downtown, schools, parks, major trails, senior housing, public facilities, hospitals, colleges,government centers, etc.) • Connectivity to Transit(Access to transit stops) • Continuity of Sidewalks(Presence and quality of sidewalks) • Community Support(Public outreach feedback) • Equity(Kent Equity Layer) Deliverables: • A geodatabase with the ranked sidewalk recommendations map. • A brief, replicable summary of the methodology used. Assumptions: City will provide the available data including: • Bus stop facilities • Existing and missing sidewalk inventory • RRFB and HAWK Locations • Collision data for the past 5 years • Land uses and major trip generators • In progress active transportation projects, planned developments, and adopted plans • Schools • Parks and trails Task 3: Multilingual, Inclusive Engagement Task 3.a Stakeholder Engagement, Translation Services and Public Engagement Report Stakeholder Engagement Steered by the engagement plan and guided by internal partners and local community-based organizations, the scope includes the Consultant conducting three city-wide phases of engagement.These will be timed to align with and support the work: Exhibit A City of Kent IT August 15,2023 Page 6of11 VA • Listening and Learning—Understanding that data often captures crash information once it is too late, develop an outreach plan that listens to community members and learns from their anecdotes on near-miss locations, perceived safety, and ideas for improvement. • Integrating Community Input—After working with the data (both quantitative and qualitative), return to the community to share what has been learned and confirm that feedback has been accurately captured. • Project Prioritization—Return to the community to share initial ideas for projects and prioritization based on the community's priorities established in the TMP, and updated from a safety lens. The Consultant will use a range of tools throughout each phase to involve people and provide the planning team with a community lens to inform their work. This task will include attendance at three public meetings such as community meetings, commission meetings, and/or council meetings, and up to 40 hours of staff support to prepare materials for community engagement. 3.a.1. In-Person Engagement 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. The Consultant will identify in-person engagement opportunities to meet people where they are, rather than asking people to come to an open house meeting. The Consultant will work with the City to plan up to six (6) pop-in safety-focused discussions with community members. The Consultant will develop a set of three boards and two activities to engage with community members, as well as directing them to online engagement opportunities. The scope includes up to six (6) opportunities for in-person engagement (e.g. grocery store tabling, Farmers Market pop-ups, meeting at established community events, partnering with faith-based organizations for a focus group, etc.) that will largely be staffed by the City. Of these events, the scope assumes the Consultant staffing three (3) tabling events. The Consultant will work with the City to identify locations and audiences for pop-up events or focus groups designed to serve traditionally underserved communities. Through the consultant team, community based organizations identified under Task 1s may be included as sub-contractor and compensated on a per-meeting basis. Deliverables: • Pop-up materials including electronic copies of poster boards and PDF files of hand-outs • Foam-core or similar reusable backer boards Assumptions: Exhibit A City of Kent FT August 15,2023 Page 7of11 • City staff will assist with staffing public outreach events • City staff will print any flyers or hand-outs and poster boards • Up to$6,000 in direct compensation for hosting/engaged community-based organizations and non-staff/agency individual stakeholder incentives, such as grocery gift cards of a nominal value, is included. 3.a.2. Online Webmap To collect additional information from members of the public, the Consultant will develop a user- friendly, online interactive map where community members can provide input on potential needs and improvements in specific locations, as well as a corresponding survey for open-ended comments. City staff will review and comment on the draft survey and web map, and the Consultant team will make up to one round of edits.After enough time has passed to allow the public opportunity to register comments on the website, the Consultant will close the interactive web map for additional comments, and the Consultant will analyze the results. As part of the TMP development, an online webmap was used as a tool to guide community conversations and receive input on priority locations.As part of the analysis of results, the Consultant will review comments from the previous webmap to identify similar trends related to potential transportation related safety issues and opportunities. The Consultant will use this survey and webmap to incorporate into the final priority locations and incorporate this information into the final plan. Deliverables: • Online web mapping application 3.a.3. Translation Services This scope includes translating one fact sheet/flyer and one poster into six (6) languages (Spanish, Punjabi, Ukrainian, Vietnamese, Chinese, Tagalog). The translated materials will be available for City staff to use to recruit Task Force members, including Kent community members who do not speak English as their first language. Online materials will be supported by Google Translate options for engagement in multiple languages. If through the course of the outreach, the City identifies a need for live interpretation or additional translation of materials, the Consultant will develop a separate scope and fee. Deliverables: • Translation of one fact sheet and one poster into six(6)languages Exhibit A City of Kent FT August 15,2023 Page 8of11 Assumptions: • Google Translate will provide translation for online materials • Languages assumed in the six(6)scoped languages:Spanish, Punjabi, Ukrainian, Vietnamese, Chinese, Tagalog • Live translation services or additional translated materials would require an amendment to this agreement 3.a.4. Public Engagement Report The Consultant will create a document that summarizes the outreach efforts that were conducted as part of this project, including a description of outreach events and meetings, communities of emphasis, and collected feedback.The deliverable for this task will be a draft and final public engagement report. Deliverables: • Draft Public Engagement Report • Final Public Engagement Report Assumptions: • The Final Public Engagement Report will respond to a single round of consolidated edits from City staff received on the Draft Public Engagement Report Task 4: Equity Impact Analysis and Action Plan Task 4.a Equity Impact Analysis The Consultant will lead an Equity Impact Assessment of the developed projects and strategies to highlight how the safety needs of underserved/disadvantaged populations and neighborhoods are being prioritized. The analysis will be grounded in the equity framework developed in the Transportation Master Plan, which will inform the priority project development process.The equity framework will identify specific priority groups and populations and evaluate how these priority groups/populations are being considered by the plan, both in terms of engagement and related to crash risk. It will outline how equity could be incorporated in each step of the project delivery, as well as how equity will be considered as part of project implementation. The equity impact analysis will consider both quantitative and qualitative inputs. The Consultant, in close collaboration with the City, will draw on approaches for similarly situated communities and available data for quantitative analysis in determining the preferred approach. These may include USDOT-developed and endorsed tools such as Equitable Transportation Community Explorer and Economic Justice Screening Tool, integrating the City's TMP-derived underserved populations demographics, other locally-available data, and other equity indices developed at the Exhibit A City of Kent IT August 15,2023 Page 9of11 VA regional and state level.The agreed upon approach will then be applied to inform project recommendations and strategies.The Consultant will engage as part of Task 2 with the project team to determine how inputs derived from stakeholder engagement will be used for in the equity analysis. The Consultant will review information gathered from community members and stakeholders to inform project recommendations and strategies. The Consultant will deliver an Equity Impact Assessment narrative and graphics based on the Safe System approach, data analysis, engagement from the community and stakeholders to assess the equity impact of the proposed projects and strategies. Deliverables: • An Equity Impact Assessment, narrative and graphics with descriptive population characteristics demonstrating the equity impact assessment of the proposed projects and strategies. Assumptions: • City staff will be engaged in selecting the appropriate metrics and approaches to guide the equity impact analysis. Task 4.b Prioritize Projects, Programs, and Strategies I Scoping and Development of Prioritized Safety Projects Prioritize Projects, Programs, and Strategies The Consultant will evaluate programmatic strategies and projects to determine how well they address the needs of populations and geographies identified in Task 4.a. Recommended projects will be overlaid with equity data to identify those that should be prioritized for more equitable outcomes. Projects will also be evaluated and prioritized based on how well they are likely to serve the needs of specific populations (e.g.,vulnerable road users, older adults, persons with disabilities).The evaluation of projects based on how they address the needs of underserved populations will be summarized in an equity analysis matrix.The Consultant will work closely with City staff to integrate this evaluation with the larger project prioritization process. The Consultant will collaborate with City staff to identify potential time ranges when the prioritized projects and strategies could be deployed.This discussion will consider funding and other administrative realities, as well as findings from the systemic analysis conducted in Task 1 and the countermeasure development conducted in Task 4.This task will be led and influenced by City Staff. It is assumed that the LRSP will organize the proposed implementation activities by priority and generally identify quick-build (immediate), near-term (2 to 5 years), mid-term (6 to 10 Exhibit A City of Kent IT August 15,2023 Page 10of11 VA years), and long-term (10+ years) actions to advance those priorities towards implementation. This task could also include a timeframe to reduce fatal and severe injury crashes. Deliverables: • Equity impact analysis matrix demonstrating the equity impact assessment of the proposed projects and strategies. • Prioritization criteria to inform prioritization of safety projects,programs, and strategies • Timeframe to reduce fatal and severe injury crashes based on countermeasures and the systemic analysis Assumptions: • This task will be lead and strongly influenced by City staff Countermeasure Development The Consultant will support countermeasure identification and scoping of safety projects and lead cost estimating. Cost estimates will be developed for each engineering project or systemic project bundles using local bid tabs and/or cost information from comparable communities. Deliverables: • Support on Countermeasure strategy development with emphasis on systemic, low-cost, high impact strategies to the high risk corridors. Task 4.c Safety Policy Creation The Consultant, in close coordination with City Staff,will assess current policies, plans, guidelines, and/or standards to identify opportunities to improve how processes prioritize safety and benchmark them against Safe System best practices.This will help the team identify opportunities to integrate data, contents, and recommendations into the LRSP Action Plan. A matrix will be prepared indicating the current practice under the Safe System best practice. In addition to the preparation of a matrix, recommendations for policy changes will be referenced in the Action Plan.The team will meet to discuss the content of the matrix as it is developed and the Consultant will revise the matrix based on staff feedback. The Consultant will develop language to discuss LRSP implementation through the adoption of revised or new policies, guidelines, and/or standards. Specific topics may include context appropriate speed limits, safe routes to school programs, enforcement, emergency vehicle preemption, and emergency response times. Deliverables: Exhibit A City of Kent August 15,2023 Page 11 of 11 • Benchmarking exercise to assess current policies,plans, guidelines and standards to identify opportunities to improve how to prioritize safety Assumptions: • City staff will review and comment on all strategies prior to incorporation in the LRSP. Task 4.d Draft Action Plan The Consultant will develop a draft Plan based on the findings from work conducted under Task 1 through Task 4. Plan to be highly visual and graphical, with process graphics, detailed reasonable and actionable steps within means accessible to the City. This task includes one round of review from the City to address comments. Deliverables: • Draft Action Plan • Final Action Plan Assumptions: • The Consultant will develop a final Plan to be published online by the City. Optional Task Task 1.c Supplemental Data (Optional Task) Wejo uses big data from connected vehicles to provide average speeds on lengths, specifiable to time periods. If optioned by the City, the Consultant will use 2022 Wejo data to visualize Speeding and Hard Breaking in Kent. This task includes data download, mapping, and processing for Wejo data. Deliverables: • Mapping of Wejo speeding and hard breaking data in Kent and list of top locations. Assumptions: • The Consultant will only conduct this task if authorized by the City's project manager Under 23 U.S. Code§ 148 and 23 U.S. Code§409, safety data, reports, surveys, schedules, lists compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential crash sites, hazardous roadway conditions, or railway-highway crossings are not subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data. EXHIBIT B Kent LRSP Fee Proposal 13-Amq-23 P[ohn Prcl.,.'.n Safety al.d Ho]ect PrvjM 7—dE�g— CM1erge faPart load Analyst Whltaker 8Wland Fe[tusvn Naurt 5195 S330 5325 $223 '$150 $190 $135 S232 S1S6 Sld$ aik 1-Sa3rr a1n rhaeh _ 1 a Trends m Dora rden6y a Nigh Iniury N—rk I Safe Systems 16 2 49 24 90 5620 $f fi.160 4 16 53,25p 110 $1A1io Approach Urtrearh and iranslalion Lb a meat Wan V-1,ment 2 1T1 172 29 4 52 070 $9.600 0 so S2 $9.600 LcS lemenml tom(Optidnof Teskf 2 t 10 13 390 $7,310 14 4 Ta $3,870 31 311.100 uumed Oaie H Ss,ago 7mk i Men dicta 19 10 8 37 S320 f6,40S 4 4 5930 4t $%335 2.a[Purctl cr Wy,,Task Forty 36 10 40 24 12 122 $1.000 526A00 10 To $2.320 132 $23.320 2.h W[erratiPes de,�elopmmt I ta[ral 16 4 8 48 76 $570 $14,010 4 8 12 $3.180 BB' S76,990 Read 3ef Plen Mealodot 2.c 51dewafk Prioriaeatgn in cl5 16 2 4B d 70 5470 $14210 Z 4 6 $m 76 $13.100 Tdsk2Mdndgemenl 18 12 d 3d 5320 S5,330 2 2 5460 3fi S8,790 Tasb 3-NlPoI ru41n1urFn, _ 3.a 5takehdder Engagement, Ttanllanen 5ervitM.aM Pablk 28 6 59 02 2B 1 206 f3.570 549.610 4 4 2 t0 51.840 216 f51.510 En[�dgemenl Aepp-f �asF 36rd�a .n 1B 9 2 2 1 35 f310 f6,070 2 2 4 f76fi 39 f8,B50 asG4-W Impact Analyrk aml Actlan Plan = 4 afqui Impart Anal is 8 1 4 a 21 $180 54,570 24 32 40 m $16.360 117 $20930 6 Pnarifize Pmferts,Programs,eM o-e<ry Istopng ar tlerelapmem 16 4 5 1. 52 $430 $",07o to W 4o t St8,al0 16B f29.440 of Prioritized Safely Projects 4.c Sa} Pof Clealion 12 a 4 24 $250 $6,530 $5 32 32 8o $13.340 104 ST9,a7o 4d Draft Plan 40 14 8 TS 58 68 20a $1,610 $41,770 16 20 36 $6.630 240 $40,600 4d Final Plan a 2 a 4 26 S200 $5.140 9 m $5,140 lidska Mdnexrs;eru 3 5 I 8 17 $140 S3645 6 2 a $1,700 25 $5,345 Oirect Tasks 253 91 1 32 120 399. 1 159 1 28 12'2 i66 13/ Na1ea: Thh k papdsel is wUd ford period df90days f—tm proposal submrfral date. A-1 WBiM—dt tfm rime dfreavire mdy-,dWOWrq m Me Andf sW,4 plan et the time rhepMo nSMM thew Hfee wW na beertreded. Mife gEis bi6'edat MrlAf rPtepfds 10%'harW.9 fee Retea and rmn-key stuff ore subject m CMnge m eny fim,witlwut ndice,and M.Me[otaf budget shown /pplaanndle eflmw,fG MPdq—r d Yroz Social An m 1l:—if7501 irarrslafwn atmeflyer/poser rnlo 8 iargauges I16C01 4 mr4 poser lxvrts tar engagement adhifies m Sso P`-n roam Ig2o01 Camper4aoon fwengagemerd'.anedpaling 5 rt1n-crty stakehdtlels w be paitl S1W pe[meeting fora meetings tl1,300h',ani:dpalirrg 40 people ro te[aive 525 furore-Orne engagemeraacrtyl[les 151,0001 uP to$6.007 for g—ps beyend Indn,iduals M Task 3 Engagement Pian Oevekrpm M(Attumes4 meefllsg5.W b 51,500 per meeting,are CeO each,W be determined ddrirg eNag.—p4n d—I.p C) QMn 116er Cons indttde redm6—w..Oaeses such m milrage dpd mmrtranerdti4ns 1 Exhibit C Insurance Requirements 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: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an 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 2❑ 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on 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. Workers' Compensation coverage for the employees of Consultant and subcontractors as required by the Industrial Insurance laws of the State of Washington. Professional Liability or Errors & Omissions insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $2,000,000 per occurrence, $4,000,000 general aggregate. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Primary Non-Contributory Additional Insured coverage for the City of Kent, eL al. Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Professional Liability or Errors & Omissions insurance shall be written with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate limit. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Consultants insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Consultant's insurance policies and shall not contribute to the Consultant's insurance policies. 2. Consultant's insurer must deliver or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Consultant's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Consultant's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Consultant must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as an 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 claims are made or suit is brought, except with respect 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. The City waives no rights, and the Consultant is not excused from performance if Consultant fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Consultant. FEHR&PE-01 NEHEP ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/29/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#OE67768 CONTACT Gigi Yuen NAME: IOA Insurance Services PHONE FAX 3875 Hopyard Road (A/C,No,EXt):(925)660-3514 50008 1 (A/C,No):(925)416-7869 Suite 200 ADDRESS:Gigi.Yuen@ioausa.com Pleasanton,CA 94588 INSURERS AFFORDING COVERAGE NAIC# INSURER A:RLI Insurance Company 13056 INSURED INSURER B:Sentinel Insurance Company, Ltd 11000 Fehr&Peers INSURER C:Liberty Insurance Underwriters Inc 19917 601 Union Street,Suite 3525 INSURER D: Seattle,WA 98101 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DD YYYY MM DD Y A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR PSB0006683 12/6/2022 12/6/2023 DAMAGE TO RENTED 1,000,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY�X JECOT- LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X X PSA0002276 12/6/2022 12/6/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE PSE0002889 12/6/2022 12/6/2023 AGGREGATE $ 5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X 57WEGZJ1989 5/1/2023 5/1/2024 1,000,000 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liab. AEXNYABEFJ2007 12/6/2022 12/6/2023 Per Claim 5,000,000 C Professional Liab. AEXNYABEFJ2007 12/6/2022 12/6/2023 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Kent Safe Streets for All SE23-0916.00 All Operations of the Named Insured,including the aforementioned project,if any. General Liability:Please see blanket Additional Insured endorsement attached;such coverage is Primary and Non-Contributory with Waiver of Subrogation included,as required per written contract. Auto Liability:No company owned vehicles.Please see blanket Additional Insured endorsement with Waiver of Subrogation included,as required per written contract. Workers'Compensation:Waiver of Subrogation is included as per attached blanket Waiver of Subrogation endorsement,as required per written contract. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent AUTHORIZED REPRESENTATIVE Attn:Karin Bayes 400 W Gowe Street C Kent WA 98032 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: FEHR&PE-01 NEHEP LOC#: 1 ACORO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#OE67768 NAMED INSURED IOA Insurance Services Fehr&Peers 601 Union Street,Suite 3525 POLICY NUMBER Seattle,WA 98101 EE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 ISEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: GENERAL LIABILITY&AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S)OR ORGANIZATION(S):City of Kent,as required per written contract ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0006683 RLI Insurance Company Named Insured:Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury" offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0002276 RLI Insurance Company Named Insured: Fehr& Peers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage— Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition — Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition — Railroad Easement Q. Coverage Extensions —Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured "loss", provided that the "accident" or "loss" arises The following is added to the SECTION II — out of the operations contemplated by such contract. COVERED AUTOS LIABILITY COVERAGE, Para- The waiver applies only to the person or graph A.1.Who Is An Insured Provision: organization designated in such contract. Any business entity newly acquired or formed by you E. Employee Hired Autos during the policy period, provided you own fifty 1. The following is added to the SECTION II — percent (50%) or more of the business entity and the COVERED AUTOS LIABILITY COVERAGE, business entity is not separately insured for Bus- Paragraph A.1. Who Is An Insured Provision: iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days An "employee" of yours is an "insured" while following the acquisition or formation of the business operating an "auto" hired or rented under a entity. contract or agreement in that "employee's" name, with your permission, while performing This provision does not apply to any person or duties related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement. B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- b. For Hired Auto Physical Damage Coverage, graph A.1.Who Is An Insured Provision: the following are deemed to be covered Any "employee" of yours is an "insured" while using "autos" you own: a covered "auto" you don't own, hire or borrow in (1) Any covered "auto" you lease, hire, rent your business or your personal affairs. or borrow; and C. Blanket Additional Insured (2) Any covered "auto" hired or rented by The following is added to the SECTION II — your "employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.1.Who Is An Insured Provision: permission, while performing duties Any person or organization that you are required to related to the conduct of your business. include as an additional insured on this coverage However, any "auto" that is leased, form in a contract or agreement that is executed by hired, rented or borrowed with a driver is you before the "bodily injury" or "property dama e" not a covered "auto". Y Y � j Y� g occurs is an "insured" for liability coverage, but only F. Fellow Employee Coverage for damages to which this insurance applies and SECTION II — COVERED AUTOS LIABILITY only to the extent that person or organization COVERAGE, Exclusion B.S. does not apply if you qualifies as an "insured" under the Who Is An have workers compensation insurance in-force Insured provision contained in SECTION II — COVERED AUTOS LIABILITY COVERAGE. covering all of your employees. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition you are required to do so in a contract or agreement of the following: that is executed by you before the "bodily injury" or "property damage" occurs. In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay D. Blanket Waiver Of Subrogation any unpaid amount due on the lease or loan for a covered "auto", less: The following is added to the SECTION IV — BUSI- 1. The amount paid under the PHYSICAL NESS AUTO CONDITIONS, A. Loss Conditions, DAMAGE COVERAGE section of the policy; 5. Transfer Of Rights Of Recovery Against Others To Us: and We waive any right of recovery we may have against 2. Any: any person or organization to the extent required of a. Overdue lease/loan payments at the time of you by a contract executed prior to any "accident" or the "loss"; PPA 300 03 13 It THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEG ZJ1989 Endorsement Number: Named Insured and Address: FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK CA 94596 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A.