HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 11/05/2007Public Works Committee Agenda
Councilmembers: Ron Harmon#Tim Clark#Debbie Raplee, Chair
Unless otherwise noted, the Public Works Committee meets at 5:00 p.m. on the 1st & 3rd Mondays of each month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
(253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
u:\pwcommittee\agendas\2007agenda\07 5 Nov.doc
November 5, 2007
5:00 p.m.
Item Description Action Speaker Time Page
01. Approval of Minutes Dated, October 15, 2007 YES None 03 01
02. Consultant Agreement with RH2 Engineering Inc.
Analyzing the 590 Pressure Zone YES Tim LaPorte 05 03
03. Joint Funding Agreement for Water Resources
Investigations with the U.S Geological Survey YES Mike Mactutis 05 21
04. Riverview Park Restoration Project-Salmon
Recovery Funding Board Project Agreement YES Mike Mactutis 05 25
05. Adoption of the King County Flood Hazard
Management Plan YES Mike Mactutis 05 49
06. Water Use Efficiency Goals YES Brad Lake 10 63
07. Consultant Contract with FCS Group for Utility
Rate Analyst for the Sewer Comprehensive Plan YES Mark Howlett 05 71
08. Consultant Contract with FCS Group for Utility
Rate Analyst for the Drainage Master Plan YES Beth Tan 05 87
09. Information Only/Drainage Master Plan-Update NO Beth Tan 15 --
10. Information Only/Kent’s Water System Cross Larry Blanchard
Connection Control Program NO Brad Lake 25 --
PUBLIC WORKS COMMITTEE MINUTES
OCTOBER 15, 2007
Page 1 of 2
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COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron
Harmon were present. Tim Clark arrived late. The meeting was called to order at 5:10 p.m.
Committee Chair Raplee wanted it noted that she had Tim Clark’s concurrence on all items.
ITEM 1- Approval of Minutes Dated October 1, 2007
Committee Member Harmon moved to approve the minutes of October 1, 2007. The motion
was seconded by Raplee and passed 3-0, with council member Clark’s concurrence.
ITEM 2 – Acceptance of SKCAC Industries MOU:
Mike Mactutis, Environmental Engineering Manager, introduced Mark Kantonen, Executive Director of
SKCAC Industries. Mark explained that SKCAC Industries is a non-profit contract manufacturer
established in 1967, and provides employment for people with developmental disabilities. SKCAC
works in partnership with over 70 customers annually, representing multiple industries, and performs
a wide range of manufacturing, packaging and fulfillment services.
Mike went on to explain how polystyrene, better know as styrofoam, is a significant solid waste
problem; consuming a huge amount of space in our landfills and does not easily biodegrade. Despite
the growing demand for recycled styrofoam, there are no businesses actively recycling styrofoam in
Western Washington. Using existing technology, and with some assistance from partners, SKCAC
Industries proposes to create a self-sustaining social enterprise that can provide up to 200 FTE jobs.
Committee Member Harmon moved to recommend City Council authorize the Mayor to sign
the Memorandum of Understanding to signify the City’s support for SKCAC Industries in
establishing a styrofoam recycling program. The motion was seconded by Raplee and
passed 3-0, with council member Clark’s concurrence.
ITEM 3– Pipeline 5 Intertie PRV Station Telemetry and Control Building Project:
Mark Howlett, Design Engineering Manager, explained that after the City of Tacoma constructed
Pipeline No. 5, the City of Kent constructed PRV Stations and a 24” water main Intertie to connect the
City of Kent’s water system to Tacoma’s Pipeline No.5 water system for future water use as needed
by City’s water customers.
In summary, this project was competitively bid with two contractors submitting bids. Both bids were
close in comparison; however, the low bid was over the Engineers Estimate by $104,141. This higher
than expected cost can be attributed to the specialty nature of this type of project and the current
bidding climate.
Committee Member Harmon moved to recommend awarding the Pipeline 5 Intertie PRV
Station Telemetry and Control Building Project to Rodarte Construction Inc., in the amount
of $288,288.09 and authorize the Mayor to sign the Contract for same. The motion was
seconded by Raplee and passed 3-0, with council member Clark’s concurrence.
ITEM 4 – Information Only/Transportation Master Plan (TMP) Update:
Cathy Mooney, Transportation Planner, gave an informative update on how the Transportation Master
Plan Open Houses went. 130 people attended the Open House at Green River Community College,
Kent and approximately 50 people attended the one at the Kent Senior Center. In the past three
weeks she has received 240 of the small comment cards back. She will be getting that information
out to council members as soon as all the comments are entered. You can still comment by going to
www.ci.kent.wa.us\transportation\tmp.com.
Information Only- No Motion Required
1
PUBLIC WORKS COMMITTEE MINUTES
OCTOBER 15, 2007
Page 2 of 2
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ITEM 5 – Information Only/Transit Now Partnership:
Cathy Mooney, Transportation Planner, gave an update on what the Transit Now Partnership is.
Information Only- No Motion Required
ITEM 6 – Information Only/FEMA Flood Hazard Maps:
Mike Mactutis, Environmental Engineering Manager briefly went over FEMA Flood Hazard Maps
explaining what it means for the City of Kent. If you have questions you can go to
www.metrokc.gov/dnrp/wlr/flood/dfirm .
Item 7 – Information Only/2007 Government Employer of the Year Award:
Larry shared with committee members that the Engineering Department won the 2007
Government Employer of the Year Award, giving special recognition to Charlotte Miller,
Frank Grewell, Cheryl Viseth and AFSCME Local 2617 for their dedication in making this
program such a great success.
Information Only- No Motion Required
Item A. Committee Follow-up Items:
Item B. Public Comment Follow-up Items:
Item C. Access Modifications due to Construction:
Adjourned:
The meeting was adjourned at 6:24 p.m.
Next Scheduled Meeting:
Monday, November 5, 2007 at 5:00 p.m.
Cheryl Viseth,
Public Works Committee Secretary
2
U:\PWCommittee\2007ActionPage\PWC110507\Item2ConsultSvcsRH2Eng590PressureZone.doc
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe
Kent, WA 98032-5895
Date: October 17, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: November 5, 2007
From: Dave Brock, Utility Engineer
Through: Larry Blanchard, Public Works Director
Subject: Consultant Services Agreement with RH2 Engineering Inc. for
Analyzing the 590 Pressure Zone
ITEM 2
Background/History: The 590 Pressure Zone is the High East Hill Pressure Zone of the
Kent Water System and has varying topography. The higher elevations (approximately 500+
feet) are located in the vicinity of 116th Ave SE and SE 240th Street.
WAC 246-290-230 stipulates minimum water system pressure requirements. WAC 246-290-
230(5) specifically requires water systems to provide a minimum of 30 pounds of pressure at
service connections during the Peak Hour Demand (PHD) on the Peak Day (PD) of the year.
The Kent Water System does not meet this pressure requirement in the higher portions of the
590 pressure zone, during certain times of the day.
Therefore, the City has negotiated a scope of work and budget ($66,385) with RH2
Engineering Inc. to perform hydraulic modeling of this pressure zone to identify solutions to
meeting the PHD pressure requirement.
Summary: To maintain compliance with WAC 246-290-230(5), the City must make
improvements to portions of the 590 pressure zone. The PW Department is seeking
authorization for the Mayor to sign a Consultant Services Agreement with RH2 Engineering
Inc. in the amount of $66,385.
Recommendations: Recommend authorization for the Mayor to sign the Consultant Services
Agreement with RH2 Engineering Inc. for the 590 Pressure Zone Improvement Project in the
amount of $66,385, upon concurrence of the language therein by the City Attorney and Public
Works Director.
Motion: Required Not Required For Information Only
Recommend authorization for the Mayor to sign the Consultant Services Agreement
with RH2 Engineering Inc. for the 590 Pressure Zone Improvement Project in the
amount of $66,385, upon concurrence of the language therein by the City Attorney
and Public Works Director.
Will document be required?
Ordinance Resolution Agreement Contract
Policy SOP’s Other
Governing Policies Procedures Rules & Regulations:
WAC 246-290-230(5)
3
CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
RH2 Engineering
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and RH2 Engineering organized under the laws of the State of Washington, located and
doing business at 12100 NE 195th Street, Suite 100, Bothell, WA 98011, Phone: (425) 951-5400/Fax: (425)
398-2774, Contact: John Hendron (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 complete the hydraulic analyses and study of the City of Kent's 590 Zone
and identify and size the required improvements to implement a new pressure zone within the
higher elevationso fhte 590 Zone. For a detailed description, see the 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 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. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by April 30, 2008.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty
Six Thousand, Three Hundred Eighty Five Dollars ($66,385.00) for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written authorization of
the City in the form of a negotiated and executed amendment to this agreement. The Consultant
agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain
locked at the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit C.
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
4
CONSULTANT SERVICES AGREEMENT - 2
(Over $10,000)
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 and that 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.
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 liability hereunder 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 FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
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 D attached and incorporated by this reference.
5
CONSULTANT SERVICES AGREEMENT - 3
(Over $10,000)
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 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 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, 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.
6
CONSULTANT SERVICES AGREEMENT - 4
(Over $10,000)
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.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT:
By:
(signature)
Print Name:
Its
(Title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
(Title)
DATE:
7
CONSULTANT SERVICES AGREEMENT - 5
(Over $10,000)
NOTICES TO BE SENT TO:
CONSULTANT:
John Hendron
RH2 Engineering
12100 Ne 195th Street, Suite 100
Bothell, WA 98011
(425) 951-5400 (telephone)
(425) 398-2774 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Larry R. Blanchard
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-65-- (facsimile)
APPROVED AS TO FORM:
Kent Law Department
RH@ - 590 Zone/Brock
8
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.
Dated this day of , 200__.
By:___________________________________________________
For: __________________________________________________
Title: _________________________________________________
Date: _________________________________________________
9
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.
10
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.
Dated this day of , 200___.
By:___________________________________________________
For: __________________________________________________
Title: _________________________________________________
Date: _________________________________________________
11
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Exhibit A
City of Kent
Low Pressure Area Study and Report
Professional Engineering Services
Scope of Work
October 2007
BACKGROUND
This document contains the Scope of Work for professional services to complete the hydraulic analyses
and study of the City of Kent’s (City) 590 Zone and to identify and size the required improvements to
implement a new pressure zone within the higher elevations of the 590 Zone.
This project will be completed in three sequential phases. The first phase, which this Scope of Work
describes, will be the hydraulic analyses and study phase. This will be followed by the design phase and
lastly, the construction phase. RH2 Engineering (RH2) proposes to complete the following tasks to
accomplish the first phase. Below is a listing of the objective, approach, deliverable products and
information needed from the City for each task.
ACTIVITY A
WATER SYSTEM MODEL REVIEW
TASK 1: GATHER OPERATIONAL DATA, HYDRAULIC MODEL AND EVALUATE DATA
Objective: Collect existing distribution system operational information and existing hydraulic model.
Operational information will include tank operational levels, supply facility on/off set points and
capacities of existing facilities. The review of the model shall be focused on the 590 Zone specifically;
however a cursory look at dynamic pressures in the lower zones will be conducted to determine the
potential impacts of the 590 Zone improvements on the remainder of the water system. This effort is
assumed to include evaluating pressures at up to six nodes in the lower zones and will not include fire
flow analyses outside of the 590 Zone and proposed pressure zone. Determine accuracy and necessary
updates for existing hydraulic model. (Model accuracy will be relevant to those portions of system
critical to the low pressure area).
Approach
Coordinate with the City for data collection and review operational data from SCADA system. Review
hydraulic model and coordinate with City staff to verify that relevant water system infrastructure is
accurately represented. Coordinate with City GIS department to obtain related GIS layers for
topographical, land use, zoning and water system information. Update hydraulic model with water
mains and other water system improvements completed since the last hydraulic model update. Operate
the hydraulic model and compare with operational data and fire flow testing data collected within the
last year.
12
City of Kent Exhibit A
2007 Low Pressure Area Study and Report Professional Engineering Services Scope of Work
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Task Deliverables
A memorandum or report stating our observed accuracy of the model and a description of hydraulic
model updates (if any) completed to upgrade the model to obtain the accuracy required for the
purposes of this project. Provide an electronic copy of all data reviewed and evaluated by RH2 for this
task. An electronic copy of the updated hydraulic model will be provided after model updates have
been completed.
Information Needed from the City for this Task
1. Copy of all hydraulic model files (AutoCAD and datafiles). The City’s hydraulic model was
received during the scoping meeting with the City.
2. GIS data relating to water system infrastructure, parcels, populations, land use, zoning and
topographical information. If GIS data is not available from the City, RH2 may be able to use
King County or Puget Sound Regional Council GIS data.
3. SCADA data in Excel (or csv) format over a 24-hour period for the top continuous 10 demand
days in 2004, 2005 and 2006 (30 total days / three periods of ten days each).
4. Operational levels for the City’s 590 Zone reservoirs and tanks.
5. Supply source information for the following facilities under normal and peak supply conditions.
a. Tacoma intertie flowrate;
b. Tacoma intertie pressure;
c. East Hill Well flowrate; and
d. 590 Zone Pump Station flowrate.
e. Which supply sources typically operate together during normal and peak demands
6. Average yearly and peak monthly consumption by pressure zone (if recorded) for the last three
years (2004, 2005 and 2006).
7. Fire flow testing data performed within the past year in the 590 Zone. If none exists, it is
assumed that the City or the fire department can run several hydrant flow tests to determine
available fire flows and pressures in the field to calibrate the model.
TASK 2: WATER SYSTEM DEMAND UPDATE
Objective: Update 590 Zone demands in the hydraulic model and update 590 Zone future maximum
demand projections based on latest planning data and consumption observed in the zone.
Approach
Meet with the City planning department to review population projections, current zoning and future
land use in the 590 Zone. Also discuss anticipated future maximum fire flow requirements. Determine
future population projections for the 590 Zone and combine with per capita demand data to project
future demands in the zone. Update hydraulic model to include revised future demands and fire flow
requirements.
13
City of Kent Exhibit A
2007 Low Pressure Area Study and Report Professional Engineering Services Scope of Work
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Task Deliverables
Hydraulic model updated with projected future demands for the 590 Zone. Electronic copy of analyses
summary tables, demand projection spreadsheets and information used as basis for demand projections
in the 590 Zone.
Information Needed from the City for this Task
1. Meeting with planning department.
2. Population growth forecasts.
3. Land Use information specific to 590 Zone.
ACTIVITY B
PRESSURE ZONE DELINEATION AND HYDRAULIC ANALYSES
TASK 1: PRESSURE ZONE DELINEATION
Objective: Establish boundaries of proposed pressure zone to eliminate low pressure areas in the
northeast portion of the 590 Zone. Meet with the City to present a draft zone boundary and to receive
input from City operations and engineering staff.
Approach
Evaluate contours to locate areas of high elevation in the 590 Zone. Compare contour information
with areas of recorded low pressures and water system maps. Create pressure zone boundary based on
elevations and water system infrastructure with a goal of minimizing the effects on water system
looping and north/south east/west conveyance pipelines (note the City is concerned about the creation
of dead-end mains). Establish hydraulic elevation of proposed zone based on elevations and desired
maximum and minimum pressures desired by the City.
Task Deliverables
1. Figure showing delineation of proposed pressure zone, including proposed isolation valve
locations.
2. Meeting with City to discuss boundary and modifications necessary.
Information Needed from the City for this Task
1. Electronic copy of 590 Zone water system map in digital format. Map will need to include
existing mains, valves and facilities.
2. Elevation information for 590 Zone. Data should be in digital format; GIS or AutoCAD
format is preferred.
TASK 2: HYDRAULIC ANALYSES – BOOSTER PUMP OPTION
Objective: To determine the number, capacity and location of a proposed booster pump station(s) to
supply the proposed pressure zone.
14
City of Kent Exhibit A
2007 Low Pressure Area Study and Report Professional Engineering Services Scope of Work
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Approach
Input booster pump station improvements into hydraulic model. The booster pump station would be
modeled located at up to four locations including the City’s new maintenance facility site and the City’s
Blue Boy Tank site. The analyses will consider the option of having one or multiple booster pump
station(s) supplying the new zone. During the multiple pump stations supply alternative, analyses will
consider how the proposed pump stations react to each other to ensure pressures do not become too
high in the proposed zone and that the pumps are not pushed back on their curves to the point that
maintenance and efficiencies become a concern. By analyzing several locations, the best site(s) (from a
hydraulic standpoint) can be determined. The service boundary of the new zone(s) would be the
boundary determined in Task 1. For each location and combination of locations, the following items
will be generated:
1. Summary table identifying pressures at nodes throughout the 590 Zone and proposed zone in
the existing system and after the proposed improvements are constructed. This shall include,
and highlight, the locations (with or without existing nodes) and pressures at the point(s) of
highest elevation is each of the zones.
2. Summary table identifying available and derated fire flows at nodes throughout the 590 Zone
and proposed zone in the existing system and after the proposed improvements are
constructed. Derated flows are those available considering maximum allowable velocities in the
water mains.
3. List of water system improvements (transmission mains, PRV stations, zone boundaries, pump
station(s), etc.) required to eliminate pressure deficiencies in the 590 Zone while not creating
any additional pressure or fire flow deficiencies in other areas of the 590 Zone or in the new
zone.
4. Engineer’s preliminary, budgetary construction cost estimate for proposed improvements.
5. Supply capacity of the proposed booster pump station(s).
It is important that the proposed facility does not overly deplete the City’s storage capacity. Analyses to
determine if storage can be replenished within an acceptable amount of time will also be performed.
Task Deliverables
1. Preliminary project cost estimate for proposed improvements for each booster pump station
location.
2. Tables summarizing existing and proposed dynamic pressures at nodes throughout the 590
Zone and proposed zone.
Information Needed from the City for this Task
1. Existing hydrant locations, digital format is preferred.
2. City’s current 6-year capital improvement project list.
3. City’s current 6-year road reconstruction and overlay program.
15
City of Kent Exhibit A
2007 Low Pressure Area Study and Report Professional Engineering Services Scope of Work
Page 5
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TASK 3: HYDRAULIC ANALYSES – ELEVATED TANK OPTION
Objective: To determine the capacity and feasibility of a proposed elevated tank at the City’s new
maintenance facility site or the City’s existing Blue Boy Tank site to supply the proposed zone.
Approach
Input elevated tank improvements into the hydraulic model. The proposed tank would be modeled
located at the City’s new maintenance facility site and the Blue Boy Tank site. By analyzing the
improvement at both locations, the best site (from a hydraulic stand-point) can be determined. The
service boundary of the new zone would be that boundary determined in Task 1. For each site the
following items will be generated:
1. Summary table identifying pressures at nodes throughout the 590 Zone and proposed zone in
the existing system and after the proposed improvements are constructed. This shall include,
and highlight, the locations (with or without existing nodes) and pressures at the point(s) of
highest elevation is each of the zones.
2. Summary table identifying available and derated fire flows at nodes throughout the 590 Zone
and proposed zone in the existing system and after the proposed improvements are
constructed.
3. List of water system improvements (transmission mains, PRV stations, zone boundaries, pump
station(s), etc.) required to eliminate pressure deficiencies in the 590 Zone while not creating
any additional deficiencies in other areas of the 590 Zone.
4. Engineer’s preliminary, budgetary project cost estimate for proposed improvements.
The operation of the proposed tank and the City’s currently-planned 8 million gallon tank will be
evaluated to verify that the filling of the elevated tank does not deplete the 8 million gallon tank.
Operational strategies will also be explored that balance the capacity of the elevated tank. For example,
the elevated tank could be sized to include operational and equalizing storage, while fire flow and
standby storage could be stored in the 8 million gallon tank and pumped to the elevated tank if needed.
Task Deliverables
1. Preliminary construction cost estimate for proposed improvements.
2. Tables summarizing existing and proposed dynamic pressures at nodes throughout the 590
Zone and proposed zone.
Information Needed from the City for this Task
1. Existing hydrant locations.
2. City’s current 6-year capital improvement project list.
3. City’s current 6-year road reconstruction and overlay program.
16
City of Kent Exhibit A
2007 Low Pressure Area Study and Report Professional Engineering Services Scope of Work
Page 6
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ACTIVITY C
PROJECT REPORT
TASK 1: CREATE PROJECT REPORT
Objective: To create a comprehensive report for City’s reference and future use. The purpose of the
report is to summarize the 590 Zone’s existing and projected future demands and population,
summarize the results of hydraulic analyses conducted for creating the proposed pressure zone and
describe the proposed improvements required to resolve the low pressures in the 590 Zone.
Approach
RH2 will meet with the City to create a list of ranking criteria. It is assumed this meeting can be
conducted at the same time as the meeting for determining pressure zone delineation criteria in Activity
B, Task 1. The ranking criteria will be used to evaluate the alternatives and select the best solution
according to the criteria. RH2 will prepare a preliminary list of criteria and work with the City to
modify as desired. One meeting is anticipated to evaluate the ranking criteria. The hydraulic analyses
results and cost estimates prepared for the tasks above will be incorporated in the report and discussed
in text to further describe the proposed improvements.
The booster pump station and elevated tank alternatives shall be defined in the report. RH2 will work
with the City to create ranking criteria to rate each alternative and select the best alternative.
Tables and figures will be included throughout the report for clarity. The following tables and figures
are anticipated.
w Proposed Detailed Zone boundary figure
w Proposed facility and improvements location figure
w Existing population and demands in existing 590 Zone
w Existing population and demands in proposed zone
w Build-out population and demands in proposed 590 Zone and in the new zone
w Project cost estimates for all alternatives
w Alternatives ranking criteria
w Alternatives ranking matrix (including ranking score for each alternative)
w Draft Plan Figure of Recommended Solution
After the report is generated, a preliminary draft will be submitted to the City for review and comment.
RH2 will meet with City staff to discuss the report and any modifications requested. City comments
will be incorporated in the final draft of the report.
The final report will include RH2’s recommended solution for creating the proposed zone.
17
City of Kent Exhibit A
2007 Low Pressure Area Study and Report Professional Engineering Services Scope of Work
Page 7
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Task Deliverables
Four hard copies of a project report describing the need, planning data and improvements required for
establishing a new pressure zone in the existing 590 Zone to alleviate pressure deficiencies. Electronic
copies of the hydraulic model including proposed improvements, analyses result tables / figures and
project report.
Information Needed from the City for this Task
City input on desired ranking criteria. Input will be obtained via meeting, telephone calls and emails.
18
EXHIBIT B
City of Kent
2007 Low Pressure Area Study and Report
Professional Services
Estimate of Time and Expense
Description Principal Project Manager Project Engineer Project Engineer Word Processor Total
Hours Total Labor Subconslt.
Cost
Total
Expense Total Cost
Classification Principal IX Professional VI Professional III Professional III Administrative III
Rick Harbert John Hendron Michele Roh Marshall Meyer Maureen Schueren
Task A Water System Model Review
A.1 Gather information, evaluate data 2 8 30 3 43 5,512$ -$ 692$ 6,204$
A.2 Water System Demand Update 2 8 12 32 -54 7,058$ -$ 765$ 7,823$
Subtotal 4 16 12 62 3 97 12,570$ -$ 1,456$ 14,026$
Task B Pressure Zone Delineation and Hydraulic Analyses
B.1 Pressure Zone Delineation 8 8 50 -66 8,834$ -$ 1,020$ 9,854$
B.2 Hydraulic Analyses - Booster Pump Station Option 4 16 86 -106 13,866$ -$ 1,745$ 15,611$
B.3 Hydraulic Analyses - Elevated Tank Option 4 20 70 -94 12,474$ -$ 1,420$ 13,894$
Subtotal 16 44 -206 -266 35,174$ -$ 4,185$ 39,359$
Task C Project Report
C.1 Create Project Report 8 24 44 20 96 11,876$ -$ 1,124$ 13,000$
Subtotal 8 24 -44 20 96 11,876$ -$ 1,124$ 13,000$
PROJECT TOTAL 28 84 12 312 23 459 59,620$ -$ 6,765$ 66,385$
Z:\NewBusiness\Proposal\City of Kent\2007 PZ Improvements\Kent 590 PZ Fee Estimate - 2007 Rates.xls 10/17/2007 1:06 PM
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EXHIBIT C
SCHEDULE OF RATES AND CHARGES
2007 HOURLY RATES
CLASSIFICATION RATE CLASSIFICATION RATE
Principal IX $171.00 Technician IV $108.00
Principal VIII $171.00 Technician III $100.00
Principal VII $164.00 Technician II $72.00
Technician I $67.00
Professional VI $152.00
Professional V $144.00 Administrative V $99.00
Professional IV $135.00 Administrative IV $82.00
Administrative III $68.00
Professional III $125.00 Administrative II $55.00
Professional II $116.00 Administrative I $45.00
Professional I $106.00
IN-HOUSE SERVICES
In-house copies (each)81/2" X 11"$0.07 CAD Plots Large $10.00
In-house copies (each)81/2" X 14"$0.08 CAD Plots Full Size $5.00
In-house copies (each)11" X 17"$0.14 CAD Plots Half Size $2.00
In-house copies (color) (each) 8 1/2" X 11"$0.85 GIS System Per Hour $10.00
In-house copies (color) (each) 8 1/2" X 14 $1.50 GIS Plots Per Plot $5.00
In-house copies (color) (each) 11 X 17"$1.70 In-house Computer Per Hour $9.00
Mileage Per Mile $0.485
FAX (each sheet)$1.00 Digital Camera Per Day $10.00
In-house CAD System Per Hour $25.00 Digital Camera Per Week $30.00
Digital Camera Per Month $90.00
PURCHASED SERVICES
All purchased printing, copying, miscellaneous and subconsultant services are billed at cost plus 15%.
CHANGES IN RATES
Rates listed here are adjusted annually. The current, most recent schedule of hourly rates are used for billing purposes. Payment for work
accomplished shall be on the basis of hourly rates in effect at the time of billing plus direct expenses and outside services as stated in this Exhibit.
RH2 Engineering
*Note: At project completion all digital photos can be supplied to the
client on CD, upon request.
2007 Rates 2007-171RATES.xls
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70
u:\PWCommittee\ActionPage\2007\Item8SwrMasterPlanUtRateSpecialistCntrt with FCSGroup11 05 07.doc
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: October 30, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: November 5, 2007
From: Mark Howlett, Design Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject: Sewer Master Plan Utility Rate Specialist Contract
ITEM 7
Background/History:
The Drainage Master Plan will include an assessment of the City’s sewer program. The Utility
Rate Specialist will have the responsibility reviewing the current utility rates, forecasting
required revenues for a six to ten-year period, and developing alternative rate structures for
the utilities.
Summary:
The consultant contract agreement for FCS GROUP, in the amount of $44,570 for the utility
rate analyst tasks to allow City staff to complete the Sewer Master Plan.
Recommendations:
Recommend authorization for the Mayor to sign the FCS GROUP Consultant Agreement for
the Utility Rate portion of the Sewer Master Plan for $44,570 upon concurrence of the
language therein by the City Attorney and Public Works Director.
Motion: Required Not Required For Information Only
Recommend authorization for the Mayor to sign the FCS GROUP Contract
Agreement for the Public Involvement portion of the Sewer Master Plan for
$44,570, upon concurrence of the language therein by the City Attorney and Public
Works Director.
Will document be required?
Ordinance Resolution Agreement Contract
Policy SOP’s Other
Governing Policies Procedures Rules & Regulations:
71
CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
FCS Group
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and FCS Group organized under the laws of the State of Washington, located and doing
business at 8201 164th Avenue NE, Suite 300, Redmond, WA 98052, Phone: (425) 867-1802/Fax: (425) 867-
1937, Contact: Karyn Johnson (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 prepare a sanitary sewer utility rate study. For a detailed description, see
the 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 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. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by December 31, 2008.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty
Four Thousand, Five Hundred Seventy Dollars ($44,570.00) for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written authorization of
the City in the form of a negotiated and executed amendment to this agreement. The Consultant
agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain
locked at the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit 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
72
CONSULTANT SERVICES AGREEMENT - 2
(Over $10,000)
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.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that 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.
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 liability hereunder 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 FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
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 D attached and incorporated by this reference.
73
CONSULTANT SERVICES AGREEMENT - 3
(Over $10,000)
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. The Consultant shall be permitted to retain copies, including reproducible
copies, of all original documents for information and reference. 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 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 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, 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.
74
CONSULTANT SERVICES AGREEMENT - 4
(Over $10,000)
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.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT:
By:
(signature)
Print Name:
Its
(Title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
(Title)
DATE:
75
CONSULTANT SERVICES AGREEMENT - 5
(Over $10,000)
NOTICES TO BE SENT TO:
CONSULTANT:
Karyn Johnson
FCS Group
8201 164th Avenue NE, Suite 300
Redmond, WA 98052
(425) 867-1802 (telephone)
(425) 867-1937 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Larry R. Blanchard
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
FCS Group - Sewer Rate Study/Vesper
76
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.
Dated this day of , 200__.
By:___________________________________________________
For: __________________________________________________
Title: _________________________________________________
Date: _________________________________________________
77
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.
78
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.
Dated this day of , 200___.
By:___________________________________________________
For: __________________________________________________
Title: _________________________________________________
Date: _________________________________________________
79
Exhibit A
Scope of Services
Sanitary Sewer Rate Study
1
This Exhibit A, Scope of Work, defines the financial rate services to be provided to the City of
Kent, Public Works Department, Environmental Engineering Section (City) by FCS GROUP for
the Sewer Master Plan Update Project.
The City plans to conduct a citywide update of its Sewer Master Plan (SMP). The SMP will likely
include an evaluation of the City’s existing operations (assuming continuation of treatment
services provided by King County Metro) as well as the evaluation of potential alternative
treatment options. In support of the SMP, FCS GROUP will prepare a utility rate study that will
evaluate fiscal policies, forecast revenue requirements, design rate structure alternatives, and
present findings as necessary.
Task 1: Data Collection / Validation
1.1 Prepare a written request for data / information needed for the study. The list will be
provided to the City in advance of the kick-off meeting.
1.2 Hold project kickoff meeting. Key City and FCS GROUP participants will meet to review
project scope, schedule, approach, communications, and roles. In particular, a discussion
of preliminary rate and connection charges structure alternatives will be included.
1.3 Review, analyze, and validate the data. Prepare any necessary written requests for follow-
up information. Coordinate via telephone and email with City staff on data acquired in
this initial process.
Task 2: Fiscal Policy Evaluation
2.1 Review policies regarding reserve management, including operating reserves, capital-
related reserves, debt reserves, and any other reserves of the utility. Evaluate the need for
such reserves, the basis for minimum thresholds, and the financial and rate impacts for
establishing any new or revised reserves. Evaluate debt management policies, and
policies regarding capital improvement and capital reinvestment (e.g., repair
/replacement) funding.
2.2 After review and discussion with City staff, integrate recommended policies into the
technical analyses.
Task 3: Capital Financial Planning Analysis
3.1 Develop a spreadsheet-based analysis to analyze the ability of the City to fund the capital
needs identified in the Sewer Master Plan (SMP). Consider funding sources from current
revenue streams (e.g., rates, connection charges, and dedicated cash reserves) and
potential revenue streams that are consistent with City policy and preference (e.g.,
increased rates and charges as warranted, debt financing, acquisition of special grants or
loans, assessments, or special funding structures). Working from the capital projects list,
incorporate annual capital projects and associated costs for a six to ten-year study period.
Forecast future costs using inflationary factors. Alternative capital improvement programs
will likely be developed by the City’s consulting engineer, including a base case option
assuming existing treatment operations (King County Metro) and possible alternative
treatment options.
3.2 Compare forecasted improvements against forecasted funding sources available, as
derived from current rate and charge levels, cash reserves, and other identified sources for
funding capital projects. Develop a capital funding strategy based on different approaches
to funding capital needs, including alternative levels of annual cash contributions from
80
Exhibit A
Scope of Services
Sanitary Sewer Rate Study
2
rates, use of cash reserves, appropriate and /or necessary levels of debt financing,
resources from new development, etc. (The budget provides for up to four (4) alternative
capital funding scenarios).
Task 4: Revenue Requirement Forecast
4.1 Prepare a spreadsheet-based financial planning module to forecast and analyze the
financial performance of the utility over the study period. The chief output of this task is a
“revenue requirement” that defines the full-cost need from the City’s user rates, after
other revenue sources have been accounted for in meeting the financial obligations of the
utility.
4.2 Integrate cash and coverage requirements from recommended fiscal policies (Task 2) and
capital financing strategies (Task 3). Forecast annual operating expenditures and
revenues for the study period. Budget estimates will be used as a baseline for projecting
future costs and revenues. Model impacts resulting from any operational cost additions or
savings caused by capital projects, known or anticipated changes to meet regulatory
requirements, as well as impacts of any new or enhanced program initiatives. A base case
operating forecast will be prepared assuming existing treatment operations (King County
Metro) and possible alternative treatment options.
4.3 Compare annual financial needs against available rate and miscellaneous operating
revenues, identifying any projected shortfalls over the forecast period. Calculate annual
and overall adjustments needed in rate levels to recover the full cost of service over the
study period.
4.4 Develop rate revenue strategies that meet financial obligations over the near-and long-
term planning horizon and provide smooth impact to utility customers, to the extent
practical. (The budget provides for up to four (4) revenue requirement scenarios).
4.5 Prepare materials and meet with City staff to review and evaluate key results and select
the preferred revenue requirement scenario.
4.6 Incorporate changes as necessary and finalize the revenue requirement analysis.
Task 5: Cost of Service / Rate Structure Evaluation
5.1 Develop functional allocation of system assets and expenses:
Classify plant investment by major categories (e.g., customer services, collection,
transmission, etc.);
Assign categorized plant investment to functional cost components (customer, flow)
using system design criteria;
Classify expense data by major and sub categories relating to the activities performed
in the operation of the sewer utility (including King County treatment expenses); and
Assign categorized expenses to functional cost components.
5.2 Distribute functional costs to customer classes:
Work with City staff to generate a database of detailed billing system information by
customer class. Since the study includes evaluation of volume based rates for single
family residential (SFR) customers, winter period usage and annual usage will be
evaluated over a consecutive 12-month period. Develop summary customer statistics
by customer class including number of accounts, dwelling units, annual water usage,
and winter period water usage;
81
Exhibit A
Scope of Services
Sanitary Sewer Rate Study
3
Perform a customer class analysis to determine the appropriate grouping of
customers for use in the cost allocation process and rate structure design. Consistent
with King County Metro’s charge basis, it is assumed that strength differentials will
not be incorporated into the analysis;
Apply prevailing rates to the customer data set to determine whether the historical
information serves as a valid basis for calculating rates that will generate the correct
amount of revenue. Depending on the initial outcome, this could include follow up
with City staff to determine potential reasons for any significant discrepancies;
Allocate classified costs to each customer class based on use of the sewer system; and
Derive class of service unit costs.
5.3 Develop alternative rate structures:
Review and analyze the current sewer rate structure. Recommend rate modifications
reflective of cost-of-service findings and policy objectives of the City, to include
volume based residential rates. (The budget provides for up to three (3) alternative
rate structures for review with utility management);
Evaluate and demonstrate the ability of the resulting rates to generate the projected
and required revenues by testing rates against composite system customer demands;
Identify revenues to be generated from fixed and volume-based charges;
Incorporate the King County (pass through) charge and prepare sample bills for each
class of service comparing existing rates and proposed rate impacts; and
Prepare a typical bill comparison for the residential class including a survey of up to
five (5) neighboring communities and the City’s existing and proposed rates.
5.4 Prepare materials and meet with City staff to review and evaluate key results and select
the preferred rate structure.
5.5 Incorporate changes as necessary and finalize rate design.
Task 6: Capital Connection Charges
6.1 Review and evaluate the current connection charge methodology and structure.
Recommend alternatives as warranted.
6.2 Based on the results of Subtask 6.1 above, update capital connection charges for the
utility. The recommended methodology is likely to incorporate current and planned
system investment and system capacity:
Determine the existing cost basis to be incorporated into the charges. This includes
review and evaluation of existing plant-in-service, contributed assets, interest
accumulation, and other adjustments;
Determine the future cost basis to be incorporated into the charges. This includes
review and evaluation of the sanitary sewer CIP (as identified in the SMP) and
apportioning capital needs to existing customers and to future customers. Charges
will be calculated under the base case scenario and selected alternative treatment
options;
Determine system capacity that the existing and future planned system
infrastructure can serve; and
82
Exhibit A
Scope of Services
Sanitary Sewer Rate Study
4
Calculate the maximum allowable capital connection charge per customer equivalent
and develop a schedule of sewer connection charges. (The budget provides for up to
two (3) alternative schedule of charges).
6.3 Prepare materials and meet with City staff to review and evaluate key results.
6.4 Incorporate changes as necessary and finalize connection charges.
Task 7: Presentations
7.1 Meet with City staff to review final recommendations and summary materials for use in
City Council / public presentations.
7.2 Attend up to three (3) City Council / public meetings to present study results.
Task 8: Documentation
8.1 Develop a draft policy-oriented report for City staff review that focuses on findings,
conclusions, and implementation methods and issues related to the recommended rates.
8.2 Incorporate City staff comments as appropriate and deliver a final report in hard copy and
electronic (pdf) format. Electronic versions of the spreadsheet models will be submitted in
Excel format.
Deliverables:
Task 1: Data Request to City Staff
Task 2: Evaluate fiscal policies and analyze impacts
Task 3: Analyze up to 4 alternative capital funding scenarios
Task 4: Provide up to 4 revenue requirements alternatives
Task 5: Provide up to 3 alternatives for Rate Structure
Task 6: Provide up to 3 alternative schedules of connection charges
Task 8: Final Report
83
Exhibit B
Fee Schedule
Sanitary Sewer Rate Study
5
Consultant Hours
Managing Total
Principal Analyst Admin. Estiamted Labor
Task Johnson Holert Support Hours Budget
Hourly Billing Rates:$175 $120 $60
Task 1 - Data Collection / Validation [1 mtg]8 24 32 $4,280
Task 2 - Fiscal Policy Evaluation 4 4 8 $1,180
Task 3 - Capital Financial Planning Analysis 4 20 24 $3,100
Task 4 - Revenue Requirement Analysis [1 mtg]12 44 56 $7,380
Task 5 - Cost of Service / Rate Structure Evaluation [1 mtg]14 58 72 $9,410
Task 6 - Capital Connection Charges [1 mtg]12 32 44 $5,940
Task 7 - Presentations [4 mtgs]24 24 8 56 $7,560
Task 8 - Documentation 8 32 8 48 $5,720
Total 86 238 16 340 $44,570
Exhibit C
Schedule
The City expects the capital improvement programs to be completed around February / March
2008, at which time the rate study would begin. This tentative schedule assumes study
completion around September 2008.
84
EXHIBIT D
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 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 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 and a
$1,000,000 products-completed operations aggregate limit.
85
EXHIBIT D (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.
86
u:\PWCommittee\ActionPage\2007\Item8FCSDrainagemasterplan.doc
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: October 30, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: November 5, 2007
From: Mike Mactutis, Environmental Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject: Drainage Master Plan Utility Rate Specialist Contract
ITEM 8
Background/History:
The Drainage Master Plan will include an assessment of the City’s stormwater program. The
Utility Rate Specialist will have the responsibility reviewing the current utility rates, forecasting
required revenues for a six to ten-year period, and developing alternative rate structures for
the utilities depending on staff and citizen recommendations.
Summary:
The consultant contract agreement for FCS GROUP, in the amount of $46,630 for the utility rate
analyst tasks to allow City staff to complete the Drainage Master Plan.
Recommendations:
Recommend authorization for the Mayor to sign the FCS GROUP Consultant Agreement for the
Utility Rate portion of the Drainage Master Plan for $46,630 upon concurrence of the language
therein by the City Attorney and Public Works Director.
Motion: Required Not Required For Information Only
Recommend authorization for the Mayor to sign the FCS GROUP Contract
Agreement for the Public Involvement portion of the Drainage Master Plan for
$46,630 upon concurrence of the language therein by the City Attorney and Public
Works Director.
Will document be required?
Ordinance Resolution Agreement Contract
Policy SOP’s Other
Governing Policies Procedures Rules & Regulations:
87
CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
FCS Group
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and FCS Group organized under the laws of the State of Washington, located and doing
business at 8201 164th Avenue NE, Suite 300, Redmond, WA 98052, Phone: (425) 867-1802/Fax: (425) 867-
1937, Contact: Karyn Johnson (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 prepare a storm and surface water utility rate study. For a detailed
description, see the 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 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. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by December 31, 2008.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty
Six Thousand, Six Hundred Thirty Dollars ($46,630.00) for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written authorization of
the City in the form of a negotiated and executed amendment to this agreement. The Consultant
agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain
locked at the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit 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
88
CONSULTANT SERVICES AGREEMENT - 2
(Over $10,000)
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.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that 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.
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 liability hereunder 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 FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
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 D attached and incorporated by this reference.
89
CONSULTANT SERVICES AGREEMENT - 3
(Over $10,000)
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. The Consultant shall be permitted to retain copies, including reproducible
copies, of all original documents for information and reference. 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 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 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, 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.
90
CONSULTANT SERVICES AGREEMENT - 4
(Over $10,000)
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.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT:
By:
(signature)
Print Name:
Its
(Title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
(Title)
DATE:
91
CONSULTANT SERVICES AGREEMENT - 5
(Over $10,000)
NOTICES TO BE SENT TO:
CONSULTANT:
Karyn Johnson
FCS Group
8201 164th Avenue NE, Suite 300
Redmond, WA 98052
(425) 867-1802 (telephone)
(425) 867-1937 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Larry R. Blanchard
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
FCS Group - Utility Analysis/Tan
92
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.
Dated this day of , 200__.
By:___________________________________________________
For: __________________________________________________
Title: _________________________________________________
Date: _________________________________________________
93
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.
94
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.
Dated this day of , 200___.
By:___________________________________________________
For: __________________________________________________
Title: _________________________________________________
Date: _________________________________________________
95
Exhibit A
Scope of Services
Storm and Surface Water Rate Study
1
This Exhibit A, Scope of Work, defines the financial rate services to be provided to the City of
Kent, Public Works Department, Environmental Engineering Section (City) by FCS GROUP for
the Drainage Master Plan Update Project.
The City plans to conduct a citywide update of its Drainage Master Plan (DMP). The DMP plays a
vital role in municipal decision-making, guiding a wide range of short-term and long-term
management choices that ultimately affect flooding risks, public health and safety, environmental
protection/preservation, livability, and economic development success. In support of the DMP,
FCS GROUP will prepare a utility rate study that will evaluate fiscal policies, forecast revenue
requirements, design rate structure alternatives, and present findings as necessary.
Task 1: Data Collection / Validation
1.1 Prepare a written request for data / information needed for the study. The type of data
requested will include items such as financial statements, current year line-item budgets,
cash balances, capital improvement programs, debt service schedules, fixed assets
inventories, rate/fee schedules, basin boundary maps, equivalent service units, etc. Many
of these items will need to be provided by basin service area if the City
wishes to continue with the basin-specific rates and/or connection charges.
The list will be provided to the City in advance of the kick-off meeting.
1.2 Hold project kickoff meeting. Key City and FCS GROUP participants will meet to review
project scope, schedule, approach, communications, and roles. In particular, a discussion
of preliminary rate and connection charge structure alternatives will be included.
1.3 Review, analyze, and validate the data. Prepare any necessary written requests for follow-
up information. Coordinate via telephone and email with City staff on data acquired in
this initial process.
Task 2: Fiscal Policy Evaluation
2.1 Review policies regarding reserve management, including operating reserves, capital-
related reserves, debt reserves, and any other reserves of the utility. Evaluate the need for
such reserves, the basis for minimum thresholds, and the financial and rate impacts for
establishing any new or revised reserves. Evaluate debt management policies, and
policies regarding capital improvement and capital reinvestment (e.g., repair
/replacement) funding.
2.2 Review current exemption and/or credit policies and evaluate potential changes as
warranted. A policy issue paper will be crafted in support of the policy evaluation.
2.3 After review and discussion with City staff, integrate recommended policies into the
technical analyses.
Task 3: Capital Financial Planning Analysis
3.1 Develop a spreadsheet-based analysis to analyze the ability of the City to fund the capital
needs identified in the DMP. Capital projects benefiting specific basins will need
to be identified by City staff. Consider funding sources from current revenue streams
(e.g., rates, connection charges, and dedicated cash reserves) and potential revenue
streams that are consistent with City policy and preference (e.g., increased rates and
charges as warranted, debt financing, acquisition of special grants or loans, assessments,
or special funding structures). Working from the capital projects list, incorporate annual
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Exhibit A
Scope of Services
Storm and Surface Water Rate Study
2
capital projects and associated costs for a six to ten-year study period. Forecast future
costs using inflationary factors.
3.2 Compare forecasted improvements against forecasted funding sources available, as
derived from current rate and charge levels, cash reserves, and other identified sources for
funding capital projects. Develop a capital funding strategy based on different approaches
to funding capital needs, including alternative levels of annual cash contributions from
rates, use of cash reserves, appropriate and /or necessary levels of debt financing,
resources from new development, etc. (The budget provides for up to two(2) alternative
capital funding scenarios).
Task 4: Revenue Requirement Forecast
4.1 Prepare a spreadsheet-based financial planning module to forecast and analyze the
financial performance of the utility over the study period. The chief output of this task is a
“revenue requirement” that defines the full-cost need from the City’s user rates, after
other revenue sources have been accounted for in meeting the financial obligations of the
utility.
4.2 Integrate cash and coverage requirements from recommended fiscal policies (Task 2) and
capital financing strategies (Task 3). Forecast annual operating expenditures and
revenues for the study period. Budget estimates will be used as a baseline for projecting
future costs and revenues. Model impacts resulting from any operational cost additions or
savings caused by capital projects, known or anticipated changes to meet regulatory
requirements, as well as impacts of any new or enhanced program initiatives. Any
operational costs / savings attributable to specific basins will need to be
identified by City staff.
4.3 Compare annual financial needs against available rate and miscellaneous operating
revenues, identifying any projected shortfalls over the forecast period. Calculate annual
and overall adjustments needed in rate levels to recover the full cost of service over the
study period.
4.4 Develop rate revenue strategies that meet financial obligations over the near-and long-
term planning horizon and provide smooth impact to utility customers, to the extent
practical. (The budget provides for up to three (3) revenue requirement scenarios).
4.5 Prepare materials and meet with City staff to review and evaluate key results and select
the preferred revenue requirement scenario.
4.6 Incorporate changes as necessary and finalize the revenue requirement analysis.
Task 5: Cost of Service / Rate Structure Evaluation
5.1 Assign and/or allocate capital and operating costs to “all customers” and “basin-
specific customers” as appropriate.
5.2 Distribute costs to customer classes:
Develop summary customer statistics (derived from the City’s billing
system, plus estimated future growth) by basin and customer class (e.g.,
number of accounts, parcel acreage, equivalent service units, impervious multiplier,
etc);
Apply prevailing rates to the customer data set to determine whether the historical
information serves as a valid basis for calculating rates that will generate the correct
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Exhibit A
Scope of Services
Storm and Surface Water Rate Study
3
amount of revenue. Depending on the initial outcome, this could include follow up
with City staff to determine potential reasons for any significant discrepancies;
Distribute costs to basins / customer classes; and
Derive basin / class of service unit costs.
5.3 Develop alternative rate structures:
Review and analyze the current storm and surface water rate structure. Recommend
rate modifications reflective of cost-of-service findings and policy objectives of the
City, to include continuation of basin-specific rates and consideration of
a blended rate applicable to all service areas (basins). (The budget
provides for up to three (3) alternative rate structures for review with utility
management);
Evaluate and demonstrate the ability of the resulting rates to generate the projected
and required revenues by testing rates against composite system customer demands;
Prepare sample bills for each basin / class of service comparing existing rates and
proposed rate impacts;
Prepare a typical bill comparison for the residential class including a survey of up to
five (5) neighboring communities and the City’s existing and proposed rates.
5.4 Prepare materials and meet with City staff to review and evaluate key results and select
the preferred rate structure.
5.5 Incorporate changes as necessary and finalize rate design.
Task 6: Capital Connection Charges
6.1 Review and evaluate the current connection charge methodology and structure.
Recommend alternatives as warranted. This will include evaluation of basin
specific and blended connection charges.
6.2 Based on the results of Subtask 6.1 above, update capital connection charges for the
utility. The recommended methodology is likely to incorporate current and planned
system investment and system capacity:
Determine the existing cost basis to be incorporated into the charges. This includes
review and evaluation of existing plant-in-service, contributed assets, interest
accumulation, and other adjustments;
Determine the future cost basis to be incorporated into the charges. This includes
review and evaluation of the storm drainage CIP (as identified in the DMP) and
apportioning capital needs to existing customers and to future customers;
Determine system capacity that the existing and future planned system
infrastructure can serve; and
Calculate the maximum allowable capital connection charge per customer equivalent
and develop a schedule of storm and surface water connection charges.
6.3 Prepare materials and meet with City staff to review and evaluate key results; and
6.4 Incorporate changes as necessary and finalize connection charges.
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Exhibit A
Scope of Services
Storm and Surface Water Rate Study
4
Task 7: Presentations
7.1 Meet with the City’s “Advisory Group” established for this study in up to five (5) meetings
during key points of the study to review initial findings and receive input.
7.2 Meet with City staff to review final recommendations and summary materials for use in
City Council / public presentations.
7.3 Attend up to three (3) City Council / public meetings to present study results.
Task 8: Documentation
8.1 Develop a draft policy-oriented report for City staff review that focuses on findings,
conclusions, and implementation methods and issues related to the recommended rates.
8.2 Incorporate City staff comments as appropriate and deliver a final report in hard copy and
electronic (pdf) format. Electronic versions of the spreadsheet models will be submitted in
Excel format.
Deliverables:
Task 1: Data Request to City Staff
Task 2: Policy Paper
Task 3: Analyze up to 2 alternative capital funding scenarios
Task 4: Provide up to 3 revenue requirements alternatives
Task 5: Provide up to 3 alternatives for Rate Structure
Task 6: Recommend changes to current connection charges
Task 8: Final Report
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Exhibit B
Fee Schedule
Storm and Surface Water Rate Study
5
Consultant Hours
Managing Total
Principal Analyst Admin. Estiamted Labor
Task Ghilarducci Dogan Support Hours Budget
Hourly Billing Rates:$175 $130 $60
Task 1 - Data Collection / Validation [1 mtg]8 24 32 $4,520
Task 2 - Fiscal Policy Evaluation 4 8 12 $1,740
Task 3 - Capital Financial Planning Analysis 2 12 14 $1,910
Task 4 - Revenue Requirement Analysis [1 mtg]10 30 40 $5,650
Task 5 - Cost of Service / Rate Structure Evaluation [1 mtg]10 34 44 $6,170
Task 6 - Capital Connection Charges [1 mtg]10 30 40 $5,650
Task 7 - Presentations [9 mtgs]54 34 18 106 $14,950
Task 8 - Documentation 8 32 8 48 $6,040
Total 106 204 26 336 $46,630
Exhibit C
Schedule
A tentative schedule by task is shown below, providing for study completion by June 30, 2008.
Task 1 – December 2007 – January 2008
Task 2 - January 2008 – February 2008
Task 3 – January 2008- March 2008
Task 4 – February 2008 – March 2008
Task 5 – February 2008- April 2008
Task 6 – March 2008- April 2008
Task 7 – January 2008 – May 2008
Task 8 – January 2008 – June 2008
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EXHIBIT D
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 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 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 and a
$1,000,000 products-completed operations aggregate limit.
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EXHIBIT D (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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