HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 06/18/2012 I
Public Works Committee Agenda
Councilmembers:Dana Ralph-Dennis Higgins.Elizabeth Albertson, Chair
KENT June 18, 2012
1AII,i IGT 11
4:00 p.m.
Item Description Action Speaker Time Pace
1. Approval of Minutes Dated June 4, 2012 YES None 03 03
2. Information Only/Port of Seattle Regional NO Commissioners 15 09
Freight Issues John Creighton
&Tom Albro
3. King County Flood Control District Subregional YES Mike Mactutis 05 11
Opportunity Fund
4. Bridge Inspection Agreement/Washington State YES Bill Thomas 10 19
Department of Transportation
5. Goods and Services Agreement/ Cummins YES Kevin Swinford 05 31
Northwest LLC - Two Generators
6. Consultant Contract/Jason Engineering & YES Paul Kuehne 05 33
Consulting Business, Inc. - Materials Testing &
Inspection Boeing Levee
7. Cooperative Agreement with the King County YES Kelly Peterson 05 39
Flood Control District for Completion of
Emergency Flood Protection Measures
8. Green River Levee Flood Protection Giant YES Kelly Peterson 10 51
Sandbag Removal Contract Pre-Approval
9. Grant Status NO Tim LaPorte 10 53
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 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.
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PUBLIC WORKS COMMITTEE
Minutes of Monday, June 4, 2012
COMMITTEE MEMBERS PRESENT:
Committee Chair, Elizabeth Albertson, and Committee members, Dana Ralph and
Dennis Higgins, were present. The meeting was called to order at 4:06 p.m.
Item 1 — Approval of Meeting Minutes Dated May 21, 2012:
Higgins MOVED to approve the minutes of May 21, 2012. The motion was
SECONDED by Ralph and PASSED 3-0.
Item 2 — Consultant Services Agreement/Macaulay &Associates —
Assessment Review for Local Improvement District 363:
Public Works Director, Tim LaPorte noted that in December of 2008 the City Council
formed Local Improvement District (L.I.D.) 363 and directed staff to proceed with the
design and construction of the S. 224th Street Project. The L.I.D. final assessment roll
hearing is scheduled for July 2012. This will allow the City to sell L.I.D. bonds and
provide roughly $11-million of the $25-million total project cost. Work is anticipated to
begin with improvements on S. 216th/218th Streets, improving existing roadways prior
to constructing a new bridge over SR 167. LaPorte stated that in order to prepare for
the final assessment roll hearing, the City requires the services of a licensed appraiser
to determine the values of the final assessments.
Councilmember Higgins asked why the need for an appraisal firm wasn't requested
earlier. LaPorte stated that this is standard practice and that outside firms are hired so
that the city has the ability to show the values if the property owner protests the
amount of their assessment. Notices to property owners were sent out before all of
the appraisals were in place. Ralph clarified that property owners can contest the
amount of the assessment but not the actual assessment.
Ralph MOVED to recommend Council authorize the Mayor to sign the
Consultant Services Agreement with Macaulay & Associates, Inc. to provide
assessment review services for Local Improvement District 363 in an amount
not to exceed $141,600, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director. The motion was SECONDED
by Higgins and PASSED 3-0.
Item 3 —Consultant Contract/Downey Farmstead Restoration Proiect:
Environmental Ecologist, Matt Knox noted that the Downey Farmstead Restoration
Project involves four parcels totaling 21.81 acres located along the left bank of the
Green River (across the river from the Riverbend Driving Range, near SR 516). Knox
went on to state that this restoration project will include realignment and setback of
Frager Road from the Green River in order to reconnect the floodplain and create off-
channel rearing and refuge habitat, primarily for juvenile Chinook salmon. A
secondary goal of the project is to create additional flood storage to help alleviate flood
damage to nearby urban and agricultural areas. Knox showed a conceptual drawing of
the site as well as slides showing the cost of the project.
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PUBLIC WORKS COMMITTEE
Minutes of Monday, June 4, 2012
Knox stated that the City has received grant funding in the amount of $46,419 from
the King Conservation District and $253,581 from the Washington State Recreation
and Conservation Office for a total of $300,000 to pay for final project design,
permitting, specs and construction cost estimate. LaPorte noted that Kent is the lead
agency on this project and he believes we will be successful in obtaining grants in the
future to complete the project. Higgins noted that this is a great project and said he
likes it when projects come our way with their own funding.
Higgins MOVED to recommend Council authorize the Mayor to sign the
Consultant Services Agreement with Herrera Environmental
Consultants in an amount not to exceed $232,780, for final design of
the Downey Farmstead Restoration Project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
The motion was SECONDED by Ralph and passed 3-0.
Item 4 - Draft 2013-2018 Six-Year Transportation Improvement Program
(TIP):
Senior Transportation Planner, Cathy Mooney, stated that the Draft 2013-2018 Six-
Year TIP represents the City's proposed transportation improvement program for the
next six years and is a significant planning tool not only for the City but for the Puget
Sound Regional Council (PSRC). It includes planning studies, street, bicycle,
pedestrian, traffic signal, and transit improvements as well as street maintenance and
preservation projects.
Mooney said that including these projects in the Six-Year TIP allows the City to begin
looking for funding partners and apply for grants. This year, all State Grant Agencies
are requiring that every submitted project be included in a city's adopted Six-Year
Transportation Improvement Program.
This Six-Year TIP reflects the eight projects for which the City has already applied for
grants and includes projects for which the City plans to apply for grants later this year.
Councilmember Albertson stated she would like to start calling the Six-Year
Transportation Program, the TIP - Kent's Six-Year Planning Tool. LaPorte stated he
would have staff check with the State to find out about changing the name to more
accurately reflect the purpose of the TIP.
Ralph MOVED to recommend Council set a date for a Public Hearing on the
Draft 2013-2018 Six-Year Transportation Improvement Program (TIP). The
motion was SECONDED by Higgins and passed 3-0.
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PUBLIC WORKS COMMITTEE
Minutes of Monday, June 4, 2012
Item 5 —Information Only/Commute Trio Reduction - Update:
Senior Transportation Planner, Cathy Mooney, gave an informative PowerPoint
presentation highlighting the Commute Trip Reduction (CTR) Program for 2012.
Mooney stated that since the 1991 passage of the Washington State Commute Trip
Reduction (CTR) Law, counties and cities in the state's nine (9) most densely
populated counties have implemented CTR to address traffic congestion, air pollution
and fuel consumption. In 2006 legislators passed the CTR Efficiency Act which
established new goals for CTR-affected worksites.
Kent CTR Program Goals are to reduce the drive alone single occupancy vehicle (SOV)
rate by 10% and vehicle miles traveled (VMT) by 13% at CTR Worksites between 2006
and 2013. Every two years all CTR-affected worksites in the state are required to
survey their employees about how they commute to work. The City works with 28
work sites, seven (7) of which are on a voluntary basis; helping them find alternative
ways to get to work.
No Motion Required/Information Only
Item 6 — Information Only/Riverview Park Green River Side Channel -
Update:
Senior Environmental Engineer, Beth Tan invited everyone to the Construction
Celebration Ceremony on June 6th at 1:30 p.m. for the Riverview Park Channel
Restoration Project. Mayor Cooke and Colonel Estok, of the Seattle District, U.S. Army
Corps of Engineers, State Representative Dave Upthegrove, King County Executive
Dow Constantine, Auburn Councilmember Bill Peloza and Covington Councilmember
Marlla Mhoon, co-chairs of the Water Resource Inventory Area (WRIA) 9 Forum, are
scheduled to speak on behalf of the project.
Tan noted that the new channel will be approximately 700 feet long and will include
fish friendly habitat features such as large woody debris and native riparian plantings.
19,000 plants will be planted in addition to what is already there. The project provides
much needed salmon habitat and refuge in a key reach of the Green River near the
confluence of Mill Creek (Auburn). The project is under construction in partnership with
US Army Corps of Engineers (USACE) through the USACE Green/Duwamish Ecosystem
Restoration Program and that 65% of the construction cost is being paid by the
USACE.
Tan also noted that side channels along a river are an important component of salmon
habitat in that they provide an area away from a river's main channel for salmon to
thrive and grow, and seek refuge from predators and high flows.
No Motion Required/Information Only
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PUBLIC WORKS COMMITTEE
Minutes of Monday, June 4, 2012
Item 7 — Information Only/2012 Adopt-a-Street Proaram — Update:
Conservation Specialist, Gina Hungerford and Toni Azzola, Neighborhoods Program
Coordinator stated that the "Friends of Soos Creek Park" group successfully
inaugurated the Adopt-a-Street Program on April 21, 2012 collecting 30 bags of litter
on 148th Street!
Thanks to their visibility and advertising in the Reporter, KentScene Newsletter,
Facebook and on the web, Hungerford was excited to note that there are eight (8)
additional volunteer groups, including:
• Kent Target
• Saltair Hills Neighborhood group
• Seattle Grow Landscaping
• Great American Casino
• Robert Craft & friends
• Cheri Sayer-One Woman Clean-up Crew
• Home Destination Relocation group
• Kenneth Wendling and friends
The dedication and commitment of all these volunteers is going to make a big
difference in beautifying our City and in helping us protect water resources.
No Motion Required/Information Only
Item 8 — Information Only/2012 Water Festival on Kent TV21 — Update:
Conservation Specialist, Gina Hungerford noted that the 13th Annual H20-2012 Water
Festival, which took place at Green River Community College on March 27 & 28, 2012,
was filmed by our own Edgar Riebe. Hungerford urged viewers to watch the video on
KentTV21.
No Motion Required/Information Only
Item 9 — Information Only/Transportation Improvement Board (TIB):
City Engineer, Chad Bieren spoke briefly about the letter that Public Works received
from the Washington State Transportation Improvement Board (TIB) regarding the SE
256th Street Project. He stated that the proposed 256th Street Improvements is now
considered a Stage 2, delayed project. TIB funding has been placed on hold and can
only be reinstated based on TIB board approval. This could occur once the city has
determined how to finance the project and is ready for construction. We have until
July 1, 2013 to begin construction of the project or TIB funds will be taken away
permanently.
Higgins asked if this will move us off the Stage 2 list. LaPorte said not until we have
money and a good working plan. We have one more year.
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PUBLIC WORKS COMMITTEE
Minutes of Monday, June 4, 2012
Of the estimated $7 million project cost, we have just over $3 million committed - $2
million TIB and $1 million drainage utility funds, leaving a funding gap of about $4
million. We are working to form a local improvement district (LID) to fund $2 million
and continue to apply for grants for the last $2 million. We are also designing portions
of the project that can be built in stages — such as drainage improvements. This would
allow us to begin construction while the remaining funding is secured.
No Motion Required/Information Only
The meeting was adjourned at 5:15 p.m.
Cheryl Viseth
Council Committee Recorder
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ITEM - 2
INFORMATION ONLY
Port of Seattle Regional Freight Issues
Commissioner, Tom Albro
Commissioner John Creighton
15 minutes
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: June 7, 2012
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: June 18, 2012
From: Michael Mactutis, P.E., Environmental Engineering Manager
Through: Timothy J. LaPorte, P.E., Public Works Director
Subject: King County Flood Control District Subregional Opportunity Fund
Item - 3
Motion:
Move to recommend Council authorize the Mayor to accept $329,417 for
the Horseshoe Bend Levee Project and in $253,121 for the State Route
516 to S. 2315t Way Levee Project from the King County Flood Control
District Subregional Opportunity Fund.
Summary:
The King County Flood Control District (District) collects an annual levy from
properties within King County. Through the District's Subregional Opportunity Fund,
ten percent of the levy collected within each jurisdiction is granted back to the
jurisdiction to be used for stormwater or habitat projects.
In 2009 and 2010, the City requested its portion of the Opportunity Fund to be
directed to the Horseshoe Bend Levee Project. This amounted is $329,417 over the
two years. In 2011 and 2012, requests were made for the Opportunity Fund to be
directed to the State Route 516 to S. 231't Way Levee Project. The amount over
those two years is $253,121.
The amount for 2009 and 2010 is higher because the Opportunity Fund for 2008,
the first year the Opportunity Fund became available, was added to the 2009
allocation.
Budget Impact:
The Subregional Opportunity Fund will be included in the Stormwater Utility budget
for the two Green River Levee projects. Total project costs to complete levee
improvements on these reaches for levee accreditation purposes are estimated to be
about $18 million.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: May 31, 2012
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: June 18, 2012
From: Bill Thomas, Street Superintendent
Through: Tim LaPorte, P.E., Public Works Director
Subject: Bridge Inspection Agreement with the Washington State
Department of Transportation
Item - 4
Motion:
Move to recommend Council authorize the Mayor to sign a 10 Year Bridge
Inspection Agreement between the City of Kent and the Washington State
Department of Transportation for $22,277, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
Summary:
The City of Kent bridge inspection program is mandated by the Washington State
Department of Transportation (WSDOT) and Federal Highway Administration (FHWA)
to assure the safety of our bridges.
In the past, Washington State has funded portions of the bridge inspection programs
for local jurisdictions. However, due to budget limitations, the state has eliminated
these funds.
This agreement is to have the WSDOT Bridge Inspectors perform underwater bridge
inspections and prepare reports for the ten bridges the City owns over the Soos
Creek that require underwater inspection. These reports would be completed every
three years starting this year. These reports are then submitted with our bridge files
to the WSDOT and FHWA.
Budget Impact:
Although this has impacted our operating budget, the expense will be taken from other
line items. Overall budget impacts will not be affected.
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Bridge Inspection focal Agency and Address
Agreement Name: City of Kent Public Works
Address: 220 Fourth Avenue South
City, State Zip: Kent, WA 98032
Agreement Number Exhibits
GCB 1193 A. SCOPE OF WORK; B. COST RATES
This Agreement is made and entered into by and between the Washington State
Department of Transportation, hereinafter "WSDOT," and the above named entity,
hereinafter "LOCAL AGENCY," collectively "Parties" and individually "Party."
WHEREAS, the LOCAL AGENCY, on a periodic basis, has a need to have certain
bridges under its jurisdiction and responsibility regularly inspected, and
WHEREAS, WSDOT has the qualified personnel and equipment and is agreeable to
performing the bridge inspection work as mutually agreed upon,
NOW, THEREFORE, pursuant to RCW 47.28.140, the above recitals that are
incorporated herein as if fully set forth below, and in consideration of the terms,
conditions, and provisions contained herein, and the attached Exhibits A and B, which are
by this reference made a part of this Agreement,
IT IS HEREBY AGREED AS FOLLOWS:
1. GENERAL TERMS, SCOPE OF WORK, AND TERM
1.1 This Agreement provides the terms and conditions for WSDOT periodic bridge
inspection work to be performed on LOCAL AGENCY-owned bridges at the LOCAL
AGENCY'S request and expense. The bridges to be inspected are fisted in Exhibit A,
Scope of Work. Also included in Exhibit A are the estimated hours to complete each type
of inspection on each bridge and the next anticipated dates for their inspection.
1.2 The LOCAL AGENCY does not guarantee a minimum number of bridge
inspection requests, and WSDOT does not guarantee the acceptance of any LOCAL
AGENCY bridge inspection request(s). Should WSDOT decline to perform a requested
bridge inspection for any reason, WSDOT shall not be liable for any costs incurred by the
LOCAL AGENCY or damages incurred by any thud party related to WSDOT's decision
not to perform a requested bridge inspection.
1.3 WSDOT, on behalf of the LOCAL AGENCY or in conjunction with the LOCAL
AGENCY, may perform bridge inspection work for the LOCAL AGENCY upon request.
Bridge inspection requests for bridges not fisted in Exhibit A shall be made in writing.
Each request shall identify the bridge to be inspected and the type of inspection.
WSDOT will respond in writing to the LOCAL AGENCY'S request within fifteen (15)
calendar days. WSDOT will identify the estimated time for the inspection and the
estimated cost. Inspection dates will be mutually agreed upon by the Parties.
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1.4 For bridge inspections where WSDOT provides the lead bridge inspector along
with WSDOT equipment and an operator, WSDOT shall provide a draft bridge
inspection report to the LOCAL AGENCY's Contract Administrator fisted below. The
LOCAL AGENCY shall have five (5) business days to review and comment upon the
draft bridge inspection report prior to a final bridge inspection report being prepared by
WSDOT. The final bridge inspection report shall be prepared within ten (10) business
days after receipt of the LOCAL AGENCY's comments, if any. Business days for this
Agreement are defined as Monday through Friday, excluding Washington State holidays
per RCW 1.16.050 and any Party's furlough days.
WSDOT agrees that the LOCAL AGENCY may use its own employee or the employee
of another governmental agency to act as lead bridge inspector to work with WSDOT's
equipment and operator. Should the LOCAL AGENCY choose to provide its own
employee or an employee of another governmental agency to act as lead bridge inspector,
the LOCAL AGENCY shall be solely responsible for preparing its own bridge report.
The LOCAL AGENCY may not use private consultants as lead bridge inspectors, and in
such cases, WSDOT shall not permit the use of its equipment and operators.
Bill Thomas
Street Superintendent
WBThomas @kentwa.gov
City of Kent Public Works Department
220 Fourth Avenue South, Kent, WA 98032
1.5 Traffic control, if needed, will be provided by the LOCAL AGENCY at its sole
cost. Traffic control costs are not included in the WSDOT cost rates.
1.6 Term: This Agreement shall remain in effect for ten (10) years from the date of
execution, at which time this Agreement shall automatically terminate, unless extended
by written amendment according to the conditions in Section 3, Amendment, below.
2. BILLING AND PAYMENT
2.1 The LOCAL AGENCY agrees to reimburse WSDOT for actual direct and related
indirect costs to perform the bridge inspection work as requested by the LOCAL
AGENCY at the then current WSDOT cost rate. Upon completion of the work, WSDOT
shall submit a detailed invoice, identifying the bridge(s) inspected, the inspection hours
worked, the type of inspection, the rates to be applied, and the total amount due.
2.2 WSDOT's current billing rates are shown in Exhibit B, Cost Rates. It is
anticipated that these rates will increase over the life of the Agreement, and the LOCAL
AGENCY acknowledges and agrees that WSDOT shall bill its current rates at the time
the bridge inspection work is performed.
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2.3 The WSDOT may submit invoices at any time, but not more frequently than once
per month. WSDOT shall send appropriately documented invoices for work completed to
the following address:
City of Kent Public Works Department
Bill Thomas, Street Superintendent
220 Fourth Avenue South
Kent, WA 98032
2.4 The LOCAL AGENCY agrees to reimburse WSDOT within thirty (30) calendar
days from receipt of an adequately documented invoice. The LOCAL AGENCY shall
remit all payments to the following address:
Washington State Department of Transportation
CASHIER
P.O. BOX 47305
OLYMPIA, WA 98504-7305
2.5 The maximum amount payable by LOCAL AGENCY to reimburse WSDOT for
all work performed during the term of this Agreement shall not exceed Twenty-Five
Thousand Dollars ($25,000.00), unless this Agreement is amended per Section 3,
Amendment.
3. AMENDMENT
3.1 The Parties may mutually amend this Agreement at any time. The amendments
shall not be binding unless they are made in writing and signed by personnel authorized
to bind each Party, prior to performing any of the bridge inspection work that would be
covered by the amendment.
4. TERMINATION
4.1 Either Party may terminate this Agreement upon thirty (30) calendar days prior
written notice to the other Party. If this Agreement is so terminated, the Parties shall be
liable only for the performance rendered or costs incurred in accordance with the terms of
this Agreement prior to the effective date of termination, including all non cancellable
obligations.
5. LEGAL RELATIONS
5.1 WSDOT's relation to the LOCAL AGENCY shall be at all times as an
independent contractor. Further, WSDOT shall perform the work as provided under this
Agreement solely for the benefit of the LOCAL AGENCY and not for any thud party.
24
6. INDEMNIFICATION
6.1 The Parties shall protect, defend, indemnify, and hold harmless each other and
their employees and/or authorized agents, while acting within the scope of their
employment as such, from any and all costs, claims, judgments, and/or awards of
damages (both to persons and/or property), arising out of, or in any way resulting from,
each Party's obligations to be performed pursuant to the provisions of this Agreement.
The Parties shall not be required to indemnify, defend, or hold harmless the other Party if
the claim, suit, or action for injuries, death, or damages (both to persons and/or property)
is caused by the negligence of the other Party; provided that, if such claims, suits, or
actions result from the concurrent negligence of (a) the WSDOT, its employees and/or
authorized agents and (b) the LOCAL AGENCY, its employees or authorized agents, or
involves those actions covered by RCW 4.24.115, the indemnity provisions provided
herein shall be valid and enforceable only to the extent of the negligence of each Party,
its employees and/or authorized agents.
6.2 The terms of this Section shall survive termination of this Agreement.
7. DISPUTE RESOLUTION
7.1 In the event that a dispute arises under this Agreement, it shall be resolved as
follows: WSDOT and the LOCAL AGENCY shall each appoint a member to a disputes
board. These two members shall select a thud board member not affiliated with either
Party. The three-member board shall conduct a dispute resolution hearing that shall be
informal and unrecorded. An attempt at such dispute resolution in compliance with
aforesaid process shall be a prerequisite to the filing of any litigation concerning the
dispute. Each Party shall be responsible for its own costs and fees and agree to equally
share in the cost of the thud disputes board member.
8. VENUE AND ATTORNEYS FEES
8.1 In the event that either Party deems it necessary to institute legal action or
proceedings to enforce any right or obligation under this Agreement, the Parties agree
that any action or proceeding shall be brought in a court of competent jurisdiction
situated in Thurston County, Washington. Further, the Parties agree that each shall be
solely responsible for payment of its own attorneys fees, witness fees, and costs.
9. RIGHT OF ENTRY
9.1 The LOCAL AGENCY hereby grants to the WSDOT a right of entry upon all
land in which the LOCAL AGENCY has interest, within or adjacent to the right of way
of the bridge to be inspected for the purpose of accomplishing the work described in this
Agreement. Such right of entry shall commence upon execution of this Agreement and
shall continue until termination of this Agreement under any applicable provision.
25
10. SEVERABILITY
10.1 If any terms or provisions of this Agreement are determined to be invalid, such
invalid term or provision shall not affect or impair the remainder of the Agreement, but
such remainder shall remain in full force and effect to the same extent as though the
invalid term or provisions were not contained in the Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
signed last by the Parties below.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION City of Kent
Signature Date Signature Date
Harvev L. Coffman
Printed Name Print Name
Bridge Preservation Engineer
Title Title
Approved as to Form by:
/s/ 2/9/2012
Signature Date
Ann E. Salav
Printed Name
Assistant Attorney General
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Exhibit'B' 29
Bridge Inspection Cost Rate Summary
Regular Overtime
Hourly Hourly
TYPE OF INSPECTION Cost Rate Cost Rate
UBIT INSPECTION
1 Bucket Operator&1 UBIT Driver $588.00 $620.00
Excludes Lead Inspector
NO PER DIEM&LODGING/DAY TRIP
UBIT INSPECTION
1 Bucket Operator&1 UBIT Driver $615.00 $647.00
Excludes Lead Inspector
REGULAR COST PER DIEM&LODGING
UBIT INSPECTION
1 Bucket Operator&1 UBIT Driver $620.00 $652.00
Excludes Lead Inspector
MEDIUM COST PER DIEM&LODGING
UBIT INSPECTION
1 Bucket Operator&1 UBIT Driver $630.00 $666.00
Excludes Lead Inspector
HIGH COST PER DIEM&LODGING
UBIT INSPECTION
1 Lead Inspector,1 Co-Inspector&1 UBIT Driver $821.00 $873.00
NO PER DIEM&LODGING/DAY TRIP
UBIT INSPECTION
1 Lead Inspector,1 Co-Inspector&1 UBIT Driver $863.00 $915.00
REGULAR COST PER DIEM&LODGING
UBIT INSPECTION
1 Lead Inspector,1 Co-Inspector&1 UBIT Driver $870.00 $922.00
MEDIUM COST PER DIEM&LODGING
UBIT INSPECTION
1 Lead Inspector,1 Co-Inspector&1 UBIT Driver $890.00 $942.00
HIGH COST PER DIEM&LODGING
ROUTINE INSPECTION
DECK/TU NNEL/FERRY TERMINALS $476.00 $512.00
1 Lead Inspector&1 Co Inspector
NO PER DIEM&LODGING/DAY TRIP
ROUTINE INSPECTION
DECK/TU NNEL/FERRY TERMINALS $500.00 $540.00
1 Lead Inspector&1 Co Inspector
REGULAR COST PER DIEM&LODGING
ROUTINE INSPECTION
DECK/TU NNEL/FERRY TERMINALS $509.00 $545.00
1 Lead Inspector&1 Co Inspector
MEDIUM COST PER DIEM&LODGING
ROUTINE INSPECTION
DECK/TU NNEL/FERRY TERMINALS $522.00 $558.00
1 Lead Inspector&1 Co Inspector
HIGH COST PER DIEM&LODGING
Notes:
Fiscal Year 2012 Federal Indirect Cost Rate of 10.01%will be added to Invoices
Hourly Cost Rates Includesthe bridge insepction report
Hourly Cost Rates Do Not Include Traffic Control
3/1 N20128:50 AM
30
Exhibit 'B'
Underwater Bridge Inspection Cost Rate Summary
BPO Underwater Bridge Inspection Program
Based on hours on site plus flat rate for report
Rates effective 8/1/2011
Cost Per Dive Inspection Hour (on-site hours)
$1,420 4-man dive team (most State structures)
$1,065 3-man dive team (For most Local Agency Bridges)
Cost Per Dive Inspection Report
$1,800 State Bridges
$2,400 WSF Ferry Terminals
$1,200 LA and Other Agreements External to WSDOT
Notes:
Fiscal Year 2012 Federal Indirect Cost Rate of 10.01% will be added to Invoices
1/26/2012 8:51 PM
31
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: May 25, 2012
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: June 18, 2012
From: Kevin Swinford, Interim Water Superintendent
Through: Brad Lake, Operations Manager
Subject: Goods and Services Agreement/Cummins Northwest LLC — Two
Diesel Standby Generators
Item - 5
Motion:
Move to recommend Council authorize the Mayor to sign a Goods and
Services Agreement with Cummins Northwest, LLC to purchase two (2)
diesel standby generators in an amount not to exceed $37,757.79 subject
to final terms and conditions acceptable to the City Attorney and Public
Works Director.
Summary:
These generators would replace two existing generators that supply emergency
power for Supervisory Control and Data Acquisition (SCADA) radio repeater sites.
The radio repeaters pick up radio signals from remote equipment and send the
information back to the main Control Center.
The repeater sites are located on water tanks, pumps and treatment equipment on
the East and West hills and are required to transmit and receive critical operational
information for 45 remote water, sewer and storm stations.
During power outages, critical information still needs to be transmitted to the
Control Center in order to ensure water delivery. These generators will enable the
SCADA equipment to work reliably.
Budget Impact:
The funds to purchase the two generators will come from the maintenance and
construction supply accounts and are distributed as follows:
Water $12,585.93 (33.3%)
Sewer $12,585.93 (33.3%)
Storm $12,585.93 (33.3%)
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33
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: June 4, 2012
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: June 18, 2012
From: Peter Tenerelli, Construction Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Consultant Contract/Jason Engineering and Consulting Business,
Inc. — Materials Testing & Inspection for Boeing Levee
Item - 6
Motion:
Move to recommend Council authorize the Mayor to sign a Consultant
Services Agreement with Jason Engineering and Consulting Business, Inc.,
in an amount not to exceed $17,945 for materials testing and inspection
services related to the Boeing Levee, subject to final terms and conditions
acceptable to the City Attorney and the Public Works Director.
Summary:
Public Works Engineering is contracting to construct a new levee along the Green
River near the "Three Friends Fishing Hole Park." The work involves the installation of
a steel sheet pile beneath a concrete flood wall. Additional work involves levee
backfill material, new asphalt and concrete paving, pedestrian walkways, hand-
railings, irrigation and electrical systems and new plantings. Sound Engineering
practices dictate that aggregates, asphalt, cement/concrete, reinforcement steel and
sheet pile installation be tested to insure they meet specifications and that excavation
restoration and levee construction materials are compacted to the required density
and moisture content. This materials analysis requires a laboratory with certified
testing equipment that the City does not own. There is not a more cost effective
option at this time than to have an outside laboratory perform these duties. Jason
Engineering and Consulting Business, Inc., has the appropriate certifications and
expertise to perform these duties and was selected through a competitive process
based upon their qualifications. City staff will perform all other inspection services
that do not require specialized laboratory equipment or expertise.
Budget Impact:
This contract will be funded through a grant from the State of Washington and Kent
storm water utility funds.
34
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35
Jason Geotechnical Engineering Rev Date: 06-05-2012
Engineering& Retaining Wall/Pavement Design Project Boeing Levee&
Consulting Construction Management Floodwall, Kent# 09-3009
Business,Inc. WABO/AASEITO Inspection&Testing File #: p12-017
CITY OF DENT
220-4�Avenue S.
Kent,WA 98032-5895
Attn: Mr. Pete Tenerelli,Construction Manager
Re: Letter of Interest &Statement of Qualifications
Project: Boeing Levee &Floodwall,Kent# 09-3009
Jason Engineering would like to submit this letter of interest and SOQ for providing geotechnical
engineering and/or testing and inspection services. Our office is physically located in Auburn, from which
we provide geotechnical engineering, construction inspection & testing to job sites throughout the Puget
Sound Region. We are a small company committed to providing our clients with personalized, cost
effective service they can depend upon for accurate and professional results. Our experience is extensive,
especially concerning soils, concrete and asphalt.
Geotechnical Engineering Construction Management Materials Testing / Special
* Geotechnical Engineering * Public works construction Inspection
(including Hazard Area Regulation) Inspector Support and/or *Construction monitoring
* Pavement deflection analysis and management. *Special inspection, construction
roadway design *Water,Sewer/Storm Inspection monitoring; soils, asphalt,
*Soils stabilization/enhancement *Prepare Pay Estimates concrete, masonry
* Retaining walls, earth walls and * Measurement and tracking Of * Temporary Erosion/Sediment
rockery design bid items Control Inspection
*Slope stability, critical areas * Review and negotiation of force * WABO/AASHTO accredited
analysis account work Inspection and Laboratory testing
* Percolation testing * Temporary Erosion/Sediment of construction materials
* Infiltration trench design Control Inspection * Plan review
* Technical information reports * Project / Engineer / Contractor * Coatings inspectors available
* Pile design/ recommendations owner coordination when requested
*Subsurface Investigations * Use of WSDOT Standards and
* Geologic/Geotechnical, Specifications
Assessments, Reports
*Water Quality Management
If you have any questions or if JASON ENGINEERING can be of any further assistance please call on us at
(206) 786-8645.
Respectfully Submitted,
J;sZBe
NGINEER CONS TING BUSINESS, INC
Jll, PE.P
Phone: (206)-786-8645 Fax: (253) 833-7316 Email:Jason@jasonengineering.com
PO Box 181 Auburn WA. 98071
36
Jason Geotechnical Engineering Rev Date: 06-05-2012
Engineering& Retaining Wall/Pavement Design Project Boeing Levee&
Consulting Construction Management Floodwall, Kent# 09-3009
Business,Inc. WABO/AASEITO Inspection&Testing File #: p12-017
Scope of Services, Exhibit
-�P- Provide density tests to confirm compaction and testing specification requirements.
�P- Sample imported material to evaluate and confirm specification requirements. This includes
laboratory testing for soils, concrete and asphalt imported to the site. Testing methods will be
performed according to current applicable standards.
�P- Provide miscellaneous professional services related to this project as directed.
�P- Provide to the owner within two hours of discovery, notification of failing test results related to
materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's
Representative.
�P- Provide time sheets with each invoice that verify consultant employee(s), day, date and times worked,
hourly rate, total per day, mileage; tests performed and test fees, and any other pertinent information
required to verify invoiced charges.
-�P- Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A
Licensed P.E. reviews all reports and computer-generated copies are mailed to all parties on the
project distribution list.
-�P- The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for
all work performed. There is a minimum charge of 2 hours for normal inspection and professional
engineering services(weekends are minimum 4 hours).
�P- An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal 8 hour
working day, and legal holidays.
�P- Equipment & materials will include equipment used by an inspector the field in the performance of
normal inspection duties.
�P- We request a minimum of 24 hours notice for scheduling.
�P- Unit rates valid for anticipated duration of the project.
Phone: (206)-786-8645 Fax: (253) 833-7316 Email:Jason@jasonengineering.com
PO Box 181 Auburn WA. 98071
37
Jason Geotechnical Engineering Rev Date: 06-05-2012
Engineering& Retaining Wall/Pavement Design Project Boeing Levee&
Consulting Construction Management Floodwall, Kent# 09-3009
Business,Inc. WABO/AASEITO Inspection&Testing File #: p12-017
Schedule of Fees & Services, Exhibit B
PROFESSIONAL SERVICES Qty. Unit Rate Item Total
Construction Management Inspector,Wall installation 80 $60.00 per hour $4,800.00
Asphalt/Soil Inspector w/Densometer 80 $50.00 per hour $4,000.00
Concrete/Masonry Inspector 40 $50.00 per hour $2,000.00
Structural Steel/Welding Inspection 60 $65.00 per hour $3,900.00
Professional Engineering Services $95.00 per hour
Administrative services 20 $40.00 per hour $800.00
trip fee per round trip, non-resident inspector $15.00 per trip
OF/ Holiday hours 1.5 x rate per hour
LABORATORY SERVICES Unit Rate Item Total
Asphalt Ignition&Gradation 2 $150.00 each $300.00
Asphalt Rice Specific Gravity 2 $85.00 each $170.00
Concrete/Grout;Cylinders/Prisms 40 $15.00 each $600.00
Soil,Fracture Count $75.00 each
Soil,Proctor (Standard or Modified) 5 $150.00 each $750.00
Soil,Sand Equivalent Test $75.00 each
Soil,Sieve Analysis with#200 wash 5 $125.00 each $625.00
Soil,Unit weight $30.00 each
Estimated Project Total: $17,945.00
Phone: (206)-786-8645 Fax: (253) 833-7316 Email:Jason@jasonengineering.com
PO Box 181 Auburn WA. 98071
38
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39
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: June 6, 2012
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: June 18, 2012
From: Kelly Peterson, AICP, Environmental Conservation Supervisor
Through: Timothy J. LaPorte P.E., Public Works Director
Subject: Cooperative Agreement with the King County Flood Control
District for Completion of Emergency Flood Protection Measures
Item - 7
Motion:
Move to recommend Council authorize the Mayor to sign the Cooperative
Agreement for Completion of Emergency Flood Protection Measures,
subject to final terms and conditions acceptable to the City Attorney and
Works Director.
Summary:
In 2009, the United States Army Corps of Engineers (Corps) announced that the
Howard Hanson Dam had diminished capacity due to sidewall seepage. As a result, the
Corps may have released excess water into the Green River that would have caused
flooding within the City. The City of Kent, along with other Green River Valley cities,
installed flood control devices (giant sandbags) on top of levees adjacent to the Green
River to protect the City against potential flooding. In September 2011, the Corps
announced that Howard Hanson Dam repairs had been completed and the capacity of
the Dam had been restored to its pre-damaged state. This allows for the removal of
the giant sandbags from levees and recreational trails in Kent.
This item has been added to the City Council Consent Agenda for the June 19, 2012.
Budget Impact:
The King Flood Control District has approved paying for 75% of the estimated
$1,600,986 to remove the bags, subject to an approved agreement between the City
and the King County Flood Control District. The remaining 25%, $400,246, would be
funded by the stormwater utility, or through the District's "Opportunity Fund" in the
form of a loan. The loan would be repaid by foregoing Kent's annual share of the
District's Opportunity Fund, which is typically used for drainage projects. If the
"Opportunity Fund" is used a 1% charge for interest would be levied against any
outstanding balance.
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41
COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD
PROTECTION MEASURES PROJECT
THIS COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD
PROTECTION MEASURES PROJECT ("Agreement") is entered into on the last date
signed below by and between the Parties, the CITY OF KENT, a Washington
municipal corporation ("City"); and KING COUNTY, a political subdivision of the
State of Washington ("County"), (collectively referred to herein sometimes as the
"Parties") with reference to the following facts:
RECITALS
A. This Agreement is a contract setting the terms and conditions by which
the City will complete the temporary emergency flood protection measures project,
initially authorized by that certain Agreement for Flood Protection Services by and
between the City and the County, dated October 15, 2009, as amended ("Initial
Contract"), by removing the temporary flood protection barriers along the Green
River and restoring and repairing the levees to their previous condition, and by
which the County will reimburse the City for such work up to a specified amount
and grant to the City rights of access and license as required for the City to
complete the work.
B. In 2009, the United States Army Corps of Engineers ("Corps")
announced that the Howard Hanson Dam, over which the Corps has jurisdiction and
operational responsibilities, had a diminished capacity due to identified side wall
seepage, and that the dam may have had to release waters in the coming months
into the Green River that could cause flooding in the City. The Corps also
purchased materials for flood protection purposes that it made available to the
County, the City and other local jurisdictions, so long as the materials were used in
accordance with the recommendations provided by the Corps, and were returned to
the Corps once the threat posed by the diminished capacity of the Howard Hanson
Dam had been addressed.
COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION
MEASURES PROJECT
Page 1 of 9
i
42
C. Following the announcement by the Corps, the King County Executive
issued an emergency proclamation declaring that the threat of releases of
additional waters from the Howard Hanson Dam constituted an emergency, waived
county procurement requirements for contracts related to the county's response to
the emergency, and postponed County permitting procedures for public works.
D. The Mayor and City Council of the City of Kent also issued an
emergency proclamation that declared that the state of emergency conditions
declared by the County were approved, confirmed and adopted by the City Council,
and that provided that during the existence of the emergency, the Mayor of the City
was authorized to implement administrative procedures deemed necessary to
prepare for, respond to, stabilize and control the emergency, consistent with state
law and local regulations.
E. The King County Flood Control Zone District, a quasi municipal
corporation and taxing district under the constitution of the State of Washington,
whose purpose is to sponsor and implement flood control and protection measures
("District"), by resolution authorized $2,595,040.00 in funding to assist the City in
undertaking temporary emergency flood protection measures and authorized the
County, as Service Provider to the District, to enter into a contract with the City to
provide this funding for the City to implement identified emergency flood protection
measures.
F. The City and the County on October 15, 2009, executed the Initial
Contract, which authorized the City to undertake temporary emergency flood
protection measures, consistent with Corps specifications, on County and District
property, and the County to pay the City up to $2,595,040.00 as reimbursement for
costs incurred by the City in undertaking such emergency measures. The Initial
Contract also provided that upon a determination by the Corps that the Howard
Hanson Dam had been restored to its design capacity, the City was to be
responsible for removal of the flood protection materials, and restoration of the
levees to their previous condition, to the extent impacted by the placement of the
materials. The City was to pay the costs for such removal and restoration unless
the County determined that funds were available to pay for some or all of such
costs.
G. On September 16, 2011, the Corps announced that significant repairs
had been completed to the Howard Hanson Dam and that the capacity of the Dam
had been restored to its pre-damaged state.
H. On May 14, 2012, the Board of Supervisors of the District, through
adoption of FCD Resolution No. FCD2012-02, identified up to $1,600,986.00 of
COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION l
MEASURES PROJECT
Page 2 of 9
43
funds to be used by the City for actual costs incurred in removing materials
previously installed by the City on the Green River levees and in restoring and
repairing the levees, provided that 75% of such funds come from the District, and
25% of such amount ($400,247.00) be contributed directly by the City or by the
City from loans by the District to the City from the District's Opportunity Fund, with
1% per annum to be charged to the City on the unpaid balance.
I. The County, as the Service Provider to the District under the terms of that
certain Interlocal Agreement Between King County and the King County Flood
Control Zone District Regarding Flood Protection Services, as amended, and
pursuant to FCD Resolution No. FCD2012-02, is authorized to enter into this
Agreement to utilize funds from the District and to agree to the terms under which
the Work, as hereinafter defined, is to be completed.
J. The City and the County wish to set forth the terms and conditions under
which the County will reimburse the City for actual costs incurred in completing the
temporary emergency flood protection measures initiated in 2009 by removing the
flood barrier materials from the levees and restoring and repairing the levees to
their previous condition, up to the amount of $1,200,739.00, with 25% of the
$1,600,986.00 amount identified by the District, or $400,247.00, being paid from
loans from the District Opportunity Fund or from funds paid directly by the City,
and under which the City will undertake and complete such removal, restoration
and repair measures.
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants
contained herein, the Parties agree as follows:
AGREEMEN
1. All recitals are hereby ratified as part of this Agreement.
2. The City shall complete the work ("Work"), which is hereby defined to
include:
a. Removal of all temporary emergency flood protection material that
was added to the Green River levee system by or on behalf of the City
pursuant to the Initial Contract. The City shall provide notice to the County
at least 10 days before such removal is to begin, and the County shall have
the right to have personnel present during such removal for the purposes of
monitoring the activities associated with the removal.
COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION
MEASURES PROJECT
Page 3 of 9
44
b. Provision of notice to the Corps of the removal of such materials
and coordination with the Corps on the return to the Corps of any materials
and containers originally provided by the Corps that the Corps determines
should be returned. The Corps shall have full discretion in terms of what
materials it wishes to have returned, and those that it does not. If the Corps
determines that specified materials originally provided by the Corps should
not be returned, then the City in its discretion may keep such materials or
dispose of them as provided in 2.c. below.
c. Disposal of all materials determined to be waste, after consultation
with the Corps. Such disposal, management and transport shall be in
accordance with all applicable local, state, and federal directives, laws, and
regulations.
d. Restoration and repair of all areas where temporary emergency
flood protection materials were placed, or were impacted by such placement,
to the condition previous to the placement of the materials. The City shall
provide notice of and coordinate such restoration activities with the County
agencies having custodial responsibilities for such areas. The restoration and
repair shall be deemed complete when the County issues its notice of Final
Acceptance, as described in No. 15 below.
I
3. Any contracts that the City intends to enter into for performance of the
Work shall be provided to the County at least ten (10) days prior to the intended
date of execution. The County shall have the right to provide comments on such
contracts, which the City shall take into account in good faith before executing the
contract. Such contracts shall be in compliance with all state and federal laws and
regulations governing the procurement of services as applicable to a local
government.
4. If City determines in its own discretion that construction timing
allows, change orders to the contracts entered into by the City for the performance
of the Work that exceeds $100,000 shall be provided to the County five (5) days
prior to the intended date of execution for County review and comment within three
(3) days, which comments the City shall take into account in good faith before
executing the change order.
5. The City agrees to maintain documentation of all Work performed
sufficient to meet state and if applicable, federal, audit standards for the
implementation of a capital project. The City agrees to maintain additional
documentation that is reasonably requested by the County in order for the County
COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION
MEASURES PROJECT
Page 4 of 9
45
to accurately track expenditures and use of funds. City contract and internal
documents will be made available to the County for review and/or independent
audit upon request.
6. Subject to the provisions of No. 7 below, the County will reimburse the
City for the actual costs incurred for the performance of the Work within sixty (60)
days of submittal of the invoices to the County, up to an amount not to exceed
$1,200,739.00, unless the Parties agree to extend the 60 day period to resolve
disputes. Of the $1,600,986.00 amount of total costs identified by the District, the
City is required to provide a 25% match, or $400,247.00, which may be paid from
funds loaned to it by the District out of the District's Opportunity Fund, at a 1% per
annum interest charge until paid in full, or be paid directly from funds held by the
City. For payment of any given invoice, the County shall pay 75% of the invoice
amount with funds from the District and 25% with loan funds from the District's
Opportunity Fund, if such loans are requested by the City, or if no loan is
requested, the City shall pay its 25% share of the invoiced amount. Any costs in
excess of $1,600,986.00 required to accomplish the Work shall be paid by the City.
7. Until the County issues its Notice of Final Acceptance, as described in
No. 15 below, the County may in its discretion retain 10% of the total costs of the
Work. Upon issuance of the Notice of Final Acceptance, the County shall promptly
pay the retained amount to the City.
S. The County, to the extent that its property interests and those of the
District allow, hereby grants the City the right of access to the levees and license
and permission for special use to perform the Work upon the levees, including
those levees that are outside the City Limits and are identified in Exhibit A,
attached hereto and incorporated herein by this reference (such levees, both within
and outside the City limits are collectively referred to herein as the "Levees"). The
County waives any applicable bond requirements.
9. The City shall be responsible for complying with all applicable laws,
and obtaining all required permits in connection with the Work.
10. This Agreement and any activities authorized hereunder shall not be
construed as granting any rights or privileges to any third person or entity, or as a
guarantee or warranty of protection from flooding or flood damage to any person,
entity or property, and nothing contained herein shall be construed as waiving any
immunity to liability by the City, the County and/or the District, granted under state
statute, including Chapters 86.12 and 86.15 of the Revised Code of Washington, or
as otherwise granted or provided for by law.
COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION
MEASURES PROJECT
Page 5 of 9
46
i
11. The City acknowledges and agrees that it will not allow any lien or
encumbrance to be placed upon the real property interests and any other interests
held by King County and/or the District in connection with the Work. If any lien or
encumbrance is so placed, King County and/or the District shall have the right to
remove such lien and charge back the costs of such removal to the City.
12. The City authorizes, but does not require, the County, its employees,
contractors, agents and volunteers to visually inspect and monitor the condition and
performance of the Work at all times during the duration of this agreement.
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13. The City, its officers, employees, agents, contractors, invitees and
volunteers acknowledge that the County and the District have made no j
representations as to the current condition of the Levees. The City agrees to hold
harmless and indemnify the County and/or District for any negligent act or omission
of the City, its officers, employees, agents, contractors, invitees and volunteers, to
the extent not within any immunity conferred by law on the County and/or the
District arising out of the Work performed on the Levees pursuant to this
Agreement. Such indemnification shall extend to any claims, including all demands,
suits and judgments, for damages arising out of injury to persons or damage to
property, where such injury or damage is caused by, arises out of the City's
negligence. The City shall by contract terms require its contractors to pass
through indemnification to the District and County to the extent of their respective
property interests.
With the Dam restored to its previous functioning capacity, there still remains
no guarantee that flooding will not occur. In the event that flooding does occur, the
City, County and the District shall continue to enjoy the immunity for flood
prevention measures conferred by law, and it is the intention of the Parties that the
City, as contractor to the County, shall likewise be included within such immunity to
the extent allowed by law, and to the extent not covered by the City's own
immunity or its reasonable exercise of its police powers. Nothing in this No. 13
shall be construed to eliminate, reduce, or otherwise abrogate any immunity
conferred on the City, County and/or District in connection with acts or omissions
arising out of the Work.
The indemnification provided for in this No. 13 shall survive termination of
this Agreement.
14. This Agreement shall remain in force and effect until the Work is
completed and the County has issued a Notice of Final Acceptance, as defined and
described in No. 15 below, and the County has paid any retained amount to the
City as provided in No. 7 above.
COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION
MEASURES PROJECT
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15. The City shall complete that portion of the Work described in Nos. 2.a.,
2.b., and 2.c. by November 1, 2012. The City shall complete that portion of the
Work described in No. 2.d. by October 1, 2013. When the City determines that it
has completed all elements of the Work, it shall provide written notice to County.
Within 30 days of receipt of this notice, the County shall inspect the completed
Work and notify the City of any deficiencies. The City will have 30 days to cure
such deficiencies. Upon completion of the deficiencies to the satisfaction of the
County, the County shall issue a notice of final acceptance ("Notice of Final
Acceptance") to the City. In the event that the Parties do not agree regarding the
existence of or cure of any deficiencies identified by the County, the dispute
resolution provisions in No. 18 shall apply.
16. Solely for the purpose of enforcing the indemnification provision in No.
13 above, each Party expressly waives, with respect to the other Party only, any
immunity that would otherwise be available against such claims under the
Industrial Insurance provisions of Title 51 of the Revised Code of Washington;
provided that, such waiver shall not preclude any indemnifying Party from raising
such immunity as a defense against any claim brought against the indemnifying
party by any of its employees.
17. Each Party recognizes that the other is self-insured and accepts such
coverage for liability arising under this Agreement. Should any Party choose not to
self-insure, that Party shall maintain and keep in full force and effect a policy of
general liability insurance in an amount not less than One Million Dollars
($1,000,000) per occurrence with an additional excess liability policy of not less
than Ten Million Dollars ($10,000,000) and will provide the other Party with a
certificate of insurance and additional insured endorsement that will name the other
Party as an additional insured.
18. The Parties will seek to resolve any disputes under the Agreement as
follows:
a. For disputes involving cost reimbursements, submittal of all
relevant information to an independent Certified Public Accountant and/or a
Construction Claims Consultant, if agreed upon by the Parties, for a non-binding
opinion as to the responsibility.
b. For disputes not involving cost reimbursements, these disputes
shall be referred for informal resolution to the Public Works Director of the City, or
the Director's designee, and the Director of the Water and Land Resources Division
of the County, or the Director's designee.
COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION
MEASURES PROJECT
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C. If the foregoing processes in 18.a. and 18.b. do not result in
resolution, the Parties may mutually select any informal means of resolution and
resort will otherwise be had to the Superior Court for King County, Washington.
d. Each Party will be responsible for its own costs and attorney's
fees in connection with the dispute resolution provisions of this Section 18.
19. This Agreement represents a full recitation of the rights and
responsibilities of the parties and may be modified only in writing and upon the
consent of both Parties.
20. The rights and licenses contained in this Agreement shall inure to the
benefit of and are binding upon the Parties, and their respective successors in
interest and assigns.
21. All communications regarding this Agreement shall be sent to the
parties at the addresses listed below unless a party gives notice of a change of
address. 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 address state below or such other addresses as may
be hereinafter specified in writing.
If to City: If to District and/or County:
Tim LaPorte, Director Christie True, Director
City of Kent King County DNRP
Public Works Department 201 South Jackson St, Ste. 700
400 West Gowe Seattle, WA 98104-3855
Kent, WA 98032
i
COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION
MEASURES PROJECT
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22. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement, which
shall become effective on the last date signed below.
CITY OF KENT KING COUNTY
I
By: By:
Suzette Cooke Its: Director of the Department
Its: Mayor
DATE: DATE:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
City Attorney Deputy Prosecuting Attorney for
King County
City of Kent
ATTEST:
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By:
City Clerk for City of Kent
COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION
MEASURES PROJECT
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KENT Fax: 253-856-6500
WASH INGrou
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: June 6, 2012
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: June 18, 2012
From: Kelly Peterson, AICP, Environmental Conservation Supervisor
Through: Timothy J. LaPorte P.E., Public Works Director
Subject: Green River Levee Flood Protection Giant Sandbag Removal
Pre-Bid Approval
Item - 8
Motion:
Move to recommend Council authorize to execute a contract up to a
maximum of $1,600,986 to remove flood protection measures related to
the Howard Hanson Dam repairs, subject to final terms and conditions
acceptable to the City Attorney and the Public Works Director.
Summary: In 2009, the United States Army Corps of Engineers (Corps) announced
that the Howard Hanson Dam had diminished capacity due to sidewall seepage. As a
result, the Corps may have released excess water into the Green River that would
have caused flooding within the City. The City of Kent, along with other Green River
Valley cities, installed flood control devices (giant sandbags) on top of levees
adjacent to the Green River to protect the City against potential flooding. In
September 2011, the Corps announced repairs had been completed and the capacity
of the Dam had been restored to its pre-damaged state. This allows for the removal
of the giant sandbags from levees and recreational trails in Kent.
The City has issued an Invitation to Bid to remove the sandbags. The bid opening is
scheduled for June 25, 2012. By providing early authorization for the Mayor to sign
the contract; the contract process, the removal of the sandbags, and re-opening the
trails for recreational purposes will be expedited.
Budget Impact: The King Flood Control District has approved paying for 75% of
the estimated $1,600,986 to remove the bags, subject to an approved agreement
between the City and the King County Flood Control District. The remaining 25%,
$400,246, would be funded by the stormwater utility, or through the District's
"Opportunity Fund" in the form of a loan. The loan would be repaid by foregoing
Kent's annual share of the District's Opportunity Fund, which is typically used for
drainage projects. If the "Opportunity Fund" is used a 1% charge for interest would
be levied against any outstanding balance.
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ITEM - 9
INFORMATION ONLY
Grant Status
Tim LaPorte
Public Works Director
10 minutes