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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 09/17/2012 (3) 1 Public Works Committee Agenda Councilmembers: Dennis Higgins.Dana Ralph.Elizabeth Albertson, Chair • KENT September 17, 2012 WAs Ill I4�roN 4:00 p.m. Item Description Action Speaker Time Pace 1. Approval of August 20, 2012 Minutes YES None 03 03 2. Information Only/SE 223r' Drive/SE 2241h NO Rob Knutsen 15 07 Street Neighborhood Traffic Concerns 3. Information Only/General Traffic Calming - NO Rob Knutsen 10 09 Update 4. Public Works Trust Fund Loan Approval YES Sean Bauer 10 11 5. Consultant Services Agreement/Gray & YES Ken Langholz 05 43 Osborne - Guiberson Reservoir Replacement 6. Consultant Services Agreement/Tierra Right YES Mark Madfai 05 51 of Way Services LTD - Negotiations for Property Acquisition along SE 2561h Street 7. Consultant Services Agreement/Certified Land YES Mark Madfai 05 56 Services Corporation - Property Acquisition Negotiations along SE 2561h Street 8. Consultant Services Agreement/AMEC - YES Mark Madfai 05 63 Lower Russell Road Levee 9. Information Only/Alvord T Bridge Closure NO Tim LaPorte 05 71 10. Information Only/Levee Update NO Tim LaPorte 05 73 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. z This page intentionally left blank. 3 PUBLIC WORKS COMMITTEE Minutes of Monday, August 20, 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 4:05 p.m. Item 1 - Approval of Meeting Minutes Dated August 6, 2012: Ralph MOVED to approve the minutes of August 6, 2012. The motion was SECONDED by Higgins and PASSED 3-0. Item 2 - Goods and Services Agreement/HD Fowler Company - Scenic Hill Stormwater Pipe Replacement: Utilities Superintendent, Greg Reed presented an informative PowerPoint presentation noting the areas of the city with storm water facilities that are in need of repair. Reed noted that the Drainage Utility spends approximately $135,000 per year on materials required to maintain and replace aging storm pipes. Some of the drainage systems on Scenic Hill are in excess of 50 years old and in need of replacement. In recent years, the system on Woodland Way north of East Walnut Street was replaced. The drainage system on Maplewood Avenue South and Alexander Avenue exhibit deficiencies and are also in need of replacement. Bids for materials are to be used for replacement of two portions of the drainage storm pipes. H.D. Fowler Company was the only responsive bidder. Higgins MOVED to recommend Council authorize the Mayor to sign a Goods and Services Agreement with H.D. Fowler Company, in an amount not to exceed $23,354.21, plus sales tax for drainage materials related to the Scenic Hill Stormwater Pipe Replacement Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Ralph and PASSED 3-0. Item 3 - Consultant Contract/1112 Resource Consultants, Inc. - Rock Creek Salmon Spawning Survey 2012/2013: Environmental Biologist, Matt Knox gave a brief PowerPoint presentation showing a site map and the various salmon species that will be included in the surveys. Knox went on to note that in order to secure the City's main potable water source at Clark Springs, a 50-year Habitat Conservation Plan (HCP) was negotiated and finalized with the National Marine Fisheries Service and the US Fish and Wildlife Service in 2011. This HCP assures that we will be able to extract water from Clark Springs for the City's citizens into the future, with the remaining water left available for the natural habitat in Rock Creek - which is fed by Clark Springs. As a condition of approval, the Water Utility is required to install mitigation measures for water withdrawal and conduct specific monitoring measures. This contract will meet the current requirements of Monitoring and Evaluation Measure (MEM). This MEM requires weekly spawning surveys for salmon species every fourth year in Rock Creek for the 50-year duration of the HCP. 4 PUBLIC WORKS COMMITTEE Minutes of Monday, August 20, 2012 Ralph MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with R2 Resource Consultants, Inc. in the amount of $26,276.50, 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 4 — Riaht of Way Dedication/S. 259th Street for Horseshoe Bend Levee Proiect• Design Engineer Oing Manager, Mark Howlett presented an informative PowerPoint presentation noting the area being discussed. He stated that this is a housekeeping item. In order to complete the Horseshoe Bend secondary levee, several city streets will be reconstructed, S. 25gth Street, 80th Avenue S. and S. 261't Street. Howlett stated that we need to dedicate new portions of these streets as right of way; thereby clarifying what is considered right of way versus City owned property. Howlett said that it's important to define where public property is and where private property begins. Higgins MOVED to recommend Council authorize the Mayor to sign a quit claim deed dedicating city owned property along S. 259th Street, Both Avenue S. and S. 2615t Street as right of way, subject to final terms and conditions acceptable to the Public Works Director and the City Attorney. The motion was SECONDED by Ralph and PASSED 3-0. Item 5 — Information Only/National Pollutant Discharae Elimination System (NPDES1 Phase II - Update: Environmental Engineer, Shawn Gilbertson presented a brief PowerPoint Presentation giving a brief overview of the new NPDES Phase II Permit. Gilbertson talked about the new permit and what the new conditions are for that permit. Below are just a few of the items that Gilbertson touched on: • Primary Requirements for NPDES Municipal Permit • Permit Schedule • Notable Changes - Operations & Maintenance - Stormwater Monitoring - Watershed-scale stormwater planning - Development Projects • Low Impact Development - Benefits - Uncertainties & Unknowns - City Code Revisions - Adoption of New Surface Water Design Manual - Training • Increased Costs to Kent 5 PUBLIC WORKS COMMITTEE Minutes of Monday, August 20, 2012 Operation & Maintenance Monitoring Smaller Development Projects Documentation, Tracking & Reporting Low Impact Development On August 1, 2012, the Department of Ecology issued the most recent version of the National Pollutant Discharge Elimination System Phase II Municipal Stormwater Permit. This permit will become effective on August 1, 2013 and will remain in effect until July 31, 2018. No Motion Required/Information Only Item 6 - Information Only/2012 Street Vegetation Work Plan - Update: Scott Schroeder, Vegetation Field Supervisor and Certified Arborist, gave an informative PowerPoint Presentation outlining the City of Kent's Street Vegetation Management for 2012. Schroeder touched on the following: • Organization Chart for the Street Vegetation Management section • The January 20, 2012 Snow & Ice Storm and the impact that it has had on their work plan. • Color Zoned & Inventoried Areas Map - Mowing schedule • Photos of various duties the street vegetation section provides - Side Arm Mowing - Tall Grass - Mowing of Noxious Weeds - Upkeep to Gateways to Kent - Pacific Highway Islands - South 231't Street Planted Islands - Roadside Spray Program - Public Safety Concerns - Hazardous Tree Removal - Snow & Ice Removal No Motion Required/Information Only Item 7 - Information Only/Non-Motorized Transportation - Update: Cathy Mooney, Senior Transportation Planner gave an informative PowerPoint presentation. Mooney talked briefly about the Non-Motorized Task Force that was formed and what a good process it was for the citizens, leaders and staff. Below are just a few of the items that Mooney touched on: • The Non-Motorized Plan was adopted in June 2008 as a sub-plan of the Transportation Master Plan (TMP) • A condensed version became Chapter 6 of the TMP 6 PUBLIC WORKS COMMITTEE Minutes of Monday, August 20, 2012 • It also included the Transportation Element of the City's Comprehensive Plan • A complete version of the Non-Motorized Plan is on the City of Kent website, Transportation page at http://kentwa.aov/transportation/TMP/ or contact Cathy at (253)856-5564. • The Goal - Provide mobility options for all trips; commuter, recreation and daily living • Photos of the bicycle facilities added since the TMP was adopted • Sidewalks — Future, New and Existing • Safe Routes to School Improvements • Flashers installed @ 104th Ave SE & SE 264th Street with in pavement lights - New flashers to be installed on Kent Kangley mid-block crossing @ approximately 105th Ave SE • Maps of TMP Priority Bicycle Network and Sidewalk Projects No Motion Required/Information Only ADDEDITEM: Committee Chair Albertson noted the following Public Works Committee meeting changes: • Monday, September 3, Public Works Committee meeting has been cancelled due to the Labor Day Holiday. • There will only be one meeting in September, on Monday, September 17, 2012 at 4:00 p.m. • The Monday, October 15, 2012 Public Works Committee will be cancelled. • There will be a Special Public Works Committee meeting held on Monday, October 22, 2012 at 4:00 p.m. The meeting was adjourned at 5:25 p.m. Cheryl Viseth Council Committee Recorder 7 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: September 6, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: September 17, 2012 From: Rob Knutsen, Transportation Engineering Specialist Through: Chad Bieren, P.E., City Engineer Subject: Information Only/SE 223Id Drive/SE 224th Street Neighborhood Traffic Concerns Item - 2 Motion: Information Only/No Action Required Summary: Residents from the residential neighborhood along the SE 223rd Drive/SE 224th Street corridor, between 116th Avenue SE and 132"d Avenue SE have expressed concerns about vehicle speeds and cut-through traffic. These concerns were heightened by a fatality collision on August 22, 2012. Staff will provide a map of the vicinity showing the existing roadway network and results of traffic studies conducted along the roadway. Budget Impact: No new impact 8 This page intentionally left blank. 9 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: September 6, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: September 17, 2012 From: Rob Knutsen, Transportation Engineering Specialist Through: Chad Bieren, P.E., City Engineer Subject: Information Only/General Neighborhood Traffic Calming - U pdate Item - 3 Motion: Information Only/No Action Required Summary: A number of neighborhoods and/or residents are working through Phase 2 of the Residential Traffic Calming Program (RTCP). We will provide the Public Works Committee an informational update. List of material: • Residential Traffic Calming Program Overview Brochure Budget Impact: No new impact 10 This page intentionally left blank. 11 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: August 22, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: September 17, 2012 From: Sean Bauer, Interim Water Superintendent Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract/Public Works Trust Fund Loan — Tacoma Regional Water Supply System (RWSS) Item — 4 Motion: Move to recommend Council authorize the Mayor to sign an agreement with the Washington State Public Works Board for a $2-million Public Works Trust Fund Loan to help finance the Tacoma Regional Water Supply System filtration plant, upon approval of the language therein by the City Attorney and Public Works Director. Summary: The project involves the construction of a water filtration plant capable of meeting the federal Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR) requirements of 99% cryptosporidium removal from the Green River water supply. The elements of the project include: Engineering design for a plant capacity of approximately 150 million gallons per day, Cultural, Historic, Environmental, and Public review, permitting approvals, construction bid document preparation, award of construction contracts, construction of sedimentation/filtration basins, clear wells, chemical and pumping facilities, necessary water mains and equipment to integrate the new filtration plant with existing water system, facilities to process backwash water and residuals, stormwater systems, and general site improvements including grading, access, and security; startup and testing of new facilities. Budget Impact: Costs for the City's share of the filtration plant design and construction were anticipated and included in the current water rate schedule adopted by Council in 2009. This loan would provide for a low-interest alternative to selling bonds for financing. The City's share of this project is estimated to be $25-million of the total $215-million. This is the same percentage as the City's proportionate share of the water right. 12 This page intentionally left blank. 13 0�5)7- Washington State 0 Public Works Board1011 Plum Street SE Post Office Box 42525 Olympia,Washington 98504-2525 August 1, 2012 Brad Lake City of Kent 220 4th Ave S Kent, WA 98032-5895 RE: Loan Contract Number: PC13-961-002 i Dear Mr. Brad Lake: Enclosed are two originals of your Construction Loan Contract. This Contract details the terms and conditions that will govern the agreement between us. Please review the terms and conditions of the Contract carefully. We recommend consulting with your legal advisor before accepting this loan offer. When you have obtained the appropriate original signatures (do not use signature stamps), return both original contracts and all the attachments to the Public Works Board office within 60 calendar days of the date of this letter. Failure to return the contracts within this timeline may result in the loan offer being withdrawn. After the Contracts have been signed by the Board, one fully executed original along with instructions for drawing funds will be mailed to you. We encourage you to store these and all pertinent documents associated with this project and loan offer in a file that is readily accessible to auditors for their periodic review. We look forward to working with you over the course of your successful public works project. If you have any questions about this Contract, please contact me at the below listed address. Sincerely, i Jeff Hinckle PWB Staff (360) 725-3060 jeff.hinckle@commerce.wa.gov Enclosures: ATTACHMENT I: ATTORNEY'S CERTIFICATION Form EZ1 i City of Kent Page 1 Construction PC13-961-002 8/1/2012 Public Works Board Contract 14 i I I Ili City of Kent Page 2 Construction PC13-961-002 8/1/2012 Public Works Board Contract 15 Washington State f i Public Works Board 1011 Plum Street SE Post Office Box 42525 Olympia,Washington 9 8 504-2 52 5 Construction Loan Agreement between: City of Kent and Public Works Board For: Project Name: Tacoma Second Supply Filtration Plant Loan Number: PC13-961-002 Loan Type: Construction Execution/Start ®ate: Contract Execution Date (to be filled by the Public Works Board) City of Kent Page 3 Construction PC13-961-002 8/1/2012 Public Works Board Contract 16 DECLARATIONS CLIENT INFORMATION Legal Name: City of Kent Loan Number: PC13-961-002 Federal Tax Identification Number: 916001254 State Wide Vendor Number: 0000552 PROJECT INFORMATION Project Title: Tacoma Second Supply Filtration Plant Project City: Kent Project State: Washington Project Zip Code: 98032-5895 LOAN INFORMATION i Loan Amount: $2,000,000.00 Total Estimated Cost: $214,900,000.00 Total Estimated Funding: $214,900,000.00 Local Match Percent: 15.00% Loan Term: 20 Interest Rate: 0.50% Payment Month: June 1" Loan Reimbursement Start Date: 911l2011 Time of Performance 60 months from Execution Date of this Contract to Project Completion. I SPECIAL CONDITIONS GOVERNING THIS LOAN AGREEMENT None. LOAN SECURITY CONDITION;GOVERNING THIS LOAN AGREEMENT This loan is a revenue obligation of the Contractor payable solely from the net revenue of the Water Sanitary Sewer system. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The Board grants the Contractor the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan Contract. This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer, or solid waste utility project. i City of Kent Page 4 Construction PC13-961-002 8/1/2012 Public Works Board Contract 17 DECLARATION (continued) i Loan Number: PC13-961-002 Project Title: Tacoma Second Supply Filtration Plant Scope of Work: Tacoma Water and its Partner Utilities (Kent, Lakehaven, and Covington)will construct a domestic water treatment facility. This facility will provide drinking water that meets turbidity standards and protects the public from Cryptosporidium. Costs may include, but are not limited to, engineering, cultural and historical resources review, environmental review, permits, public involvement, bid documents, and construction that allow the City to meet local, state, and federal requirements as applicable. i f I I City of Kent Page 5 Construction PC13-961-002 8/1/2012 Public Works Board Contract �s I' I li City of Kent Page 6 Construction PC13-961-002 8/1/2012 Public Works Board Contract j 19 CONTRACT FACE SHEET Contract Number: PC13-961-002 Washington State Department of Commerce PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT 1. Contractor 2. Contractor Doing Business As (optional) City of Kent N/A 220 4th Ave S Kent, WA 98032-5895 3. Contractor Representative 4. Public Works Board Representative N/A 5. Contract Amount 6. Funding Source 7. Contract Start Date 8. Contract End Date $2,000,000.00 Federal: ❑ State: Cal Contract Execution Date June 1,2032 [Other: ❑ NIA: ❑ 9. Federal Funds (as applicable) Federal Agency CFDA Number N/A NIA N/A 10. Tax ID# 11. SWV# 12. UBI# 13. DUNS # 916001264 0000552 14. Contract Purpose Fund a project of a local government for the planning, acquisition, construction, repair, reconstruction, replacement, rehabilitation, or improvement of streets and roads, bridges, drinking water systems, stormwater systems, sanitary_sewage systems, and solid waste facilities, including recycling facilities. The Board, defined as the Washington State Public Works Board, and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contract Terms and Conditions including Declarations Page; and Attachment I: Attorney's Certification. FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD Signature John LaRocque, Executive Director i Print Name Date Title APPROVED AS TO FORM ONLY This 1st Day of May, 2012 Date Rob McKenna Attorney General Signature on file Kathryn Wyatt Assistant Attorney General i City of Kent Page 7 Construction �� PC13-961-002 8/1/2012 Public Works Board Contract 20 i i i City of Kent Page 8 Construction PC13-961-002 8/1/2012 Public Works Board Contract 21 PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM TABLE OF CONTENTS CONTRACT TITLE PAGE..............................................................................................2 DECLARATIONS............................................................................................................3 CONTRACT FACE SHEET.............................................................................................5 TABLE OF CONTENTS..................................................................................................6 SPECIAL TERMS AND CONDITIONS .........................................................................11 1.1 Definitions ............................................................................................................. 11 1.2 Authority.......................... .....................................................................................11 1.3 Purpose..................................................................................................................11 1.4 Order of Precedence..............................................................................................11 1.5 5,vear deferral for start-ups systems....................................................................11 1.6 CmnpeLitive Bidding Requirements.....................................................................12 1.7 Default in Repayment.........................................................................I..................12 1.8 Investment Grade Audit.................I..................... I 1.9 Eligible Project Costs and Local Match .......................... ..............................12 1.10 IIistorical and Cultural Resources.......................................................................13 1.11 Performance Incentives.......................................................................................13 1.12 Project Completion Amendment and Certified Project Completion Repoort......14 1.13 Projectsigns.........................................................................................................14 i 1.14 Rate and Term of Loan ..........................................................................................14 1.15 Recapture.. ...............14 1.16 Reimbursement Procedures and Payment.........................................................15 1.17 Repayment...................................... ...................... ..............................................16 1.18 Reports..................................................................................................................16 1.19 Termination foi,Cause ........................................................................................A 6 1.20 Termination for Convenience..............................................................................17 1.21 Time of Performance............................................................................................17 1.22 Special Conditions................................................................................................17 1.23 Loan Security........................................................................................................17 GENERAL TERMS AND CONDITIONS .......................................................................18 2.1 DEFINITIONS..........................................................................................................18 2.2 ALLOWABLE COSTS ................................................................._............................18 2.3 ALL WRITINGS CONTAINED HEREIN.....................................................................18 2.4 AMENDMENTS .......................................................................................................18 2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336 ALSO REFERRED TO AS THE"ADA"28 CFR PART 35................ ..........................18 2.6 APPROVAL .............................................................................................................18 2.7 ASSIGNMENT.........................................................................................................A8 2.8 ATTORNEYS'FEES...................................... .......................................................... 2.9 AUDIT........................................................................................................... ...... ..19 2.10 CODE REQUIREMENTS....._...................................................................................20 2.11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION.....................................20 2.12 CONFORMANCE.....................................................................................................21 2.13 COPYRIGHT PROVISIONS .................................... ................................................21 2.14 DISALLOWED COSTS.................................................... ........................................21 2.15 DISPUTES..............................................................................................................21 2.16 DUPLICATE PAYMENT..........................................................................................22 City of Kent Page 9 Construction PC13-961-002 8/1/2012 Public Works Board Contract 22 2.17 ETHICS/CONFLICT'S OF INTEREST.......................................................................22 2.18 GOVERNING LAW AND VENUE.............. ...............................................................22 2.19 INDEMNIFICATION ...............................................................................................22 ..'. 2.20 INDEPENDENT CAPACITY OF THE CONTRACTOR...............................................22 2.21 INDUSTRIAL INSURANCE COVERAGE........................... .......................................22 2.22 LAWS...................................................................................... .............20 2.23 LICENSING ACCREDITATION AND REGISTRATION.............................................24 2.24 LIMITATION OF AUTHORITY ............................................... .............................24 2.25 LOCAL PUBLIC TRANSPORTATION COORDINATION.................................... .24 2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS.......................................25 2.27 POLITICAL ACTIVITIES...............:.........................................................................25 228 PREVAILING WAGE LAW......................................................................................25 229 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION............._.........25 2.30 PUBLICITY.............................................................................................................25 2.31 RECAPTURE ..........................................................................................................25 2.32 RECORDS MAINTENANCE.....................................................................................26 2.33 REGISTRATION WITH DEPARTMENT OF REVENUE............................................26 2.34 RIGHT OF INSPECTION .........................................................................................26 2.35 SAVINGS ................................................................................................................26 2.36 SEVERABILITY......................................................................................................26 2.37 SUBCONTRACTING................................................................................................26 2.38 SURVIVAL..............................................................................................................27 2.39 TAXES....................................................................................................................27 2.40 TERMINATION FOR CAUSE I SUSPENSION ......................................................-.27 2.41 TERMINATION FOR CONVENIENCE......................................................................27 2.42 TERMINATION PROCEDURES...............................................................................27 2A3WAIVER........ ............ ....................................... .......... ........................................28 I City of Kent Page 10 Construction PC13-961-002 8/1/2012 Public Works Board Contract 23 PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM SPECIAL TERMS AND CONDITIONS 1.1 Definitions As used throughout this Construction Loan Contract the following terms shall have the meaning set forth below: A. "Contract" shall mean this Construction Loan Contract. B. "Contractor" shall mean the local government identified on the Contract Face Sheet performing service(s) under this Contract and who is a Party to the Contract, and shall include all employees and agents of the Contractor. C. 'The Board" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW) 43.155.030, and who is a Party to the Contract. D. "Declarations " and "Declared" shall refer to the project information, loan terms and conditions as stated on the Declarations Page of this Loan Contract, displayed within the contract in THIS STYLE for easier identification. 1.2 Authority Acting under the authority of Chapter 43.155 RCW, the Board has awarded the Contractor a Public Works Trust Fund construction loan for an approved public works project. 1.3 Purpose The Board and the Contractor have entered into this Contract to undertake a local public works project that furthers the goals and objectives of the Washington State Public Works Program. The project will be undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page. The project must be undertaken in accordance with the loan terms and conditions, and all applicable federal, state and local laws and ordinances, which by this reference are incorporated into this Contract as though set forth fully herein. 1.4 Order of Precedence In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and state of Washington statutes and regulations. B. Special Terms and Conditions including attachments. C. General Terms and Conditions. 1.5 5-year deferral for start-uksystems If the project financed by this contract is to develop a system to deliver previously unavailable services, and revenue from those services is to repay the loan, the new system is eligible for a deferral of loan payments for sixty(60) months after the Contract execution date. City of Kent Page 11 Construction PC13-961-002 8/1/2012 Public Works Board Contract 24 Interest accrues for the aforementioned sixty (60) months. The accrued interest only payment is due June 1 of the 6th year of the loan term. Interest and principal payments are due on June 1 of the 7th year of the loan term. 1.6 Competitive Bidding Requirements The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Program. 1.7 Default in Repayment Loan repayments shall be made on the loan in accordance with Section 1.16 of this Contract. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the first(1st) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be one percent (1%) per month or twelve percent(12%) per annum. The same penalty terms shall apply at project completion if the repayment of loan funds in excess of eligible costs are not repaid at the time of the Project Completion Amendment is submitted, as provided for in Section 1.12. The Contractor acknowledges and agrees to the Board's right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such delinquency. The Contractor shall be responsible for all legal fees incurred by the Board in any action undertaken to enforce its rights under this section. 1.8 Investment Grade Audit For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public works facility for which an investment grade audit is obtainable, Contractor must undertake an investment grade audit. Costs incurred as part of the investment grade audit are eligible project costs. 1.9 Eligible Project Costs The Contractor pledges to use an amount of matching funds as local project share at a percentage not less than that shown on the Declarations Page as: LOCAL MATCH PERCENT, applied to the total eligible portion of the project cost as identified in declared SCOPE OF WORK. State and federal grants are not considered local matching funds. Expenditures on eligible project activities incurred up to twelve (12) months prior to the execution of this Contract may be used as match for local project share. The amount of local funds used for the project will be verified and the percentage that this figure represents of the total project cost will be calculated at project completion. If and to the extent the actual percentage of local match exceeds the proposed match percentage, the loan amount and/or the interest rate charged may be adjusted. At a minimum, the match provided cannot be less than the original match pledged at the time of contract execution. The interest rate adjustment will apply to the remaining payments beginning from the date the Project Completion report is certified. The Contractor agrees to execute the Project Completion Amendment as an amendment to this Contract adjusting the loan amount or interest rate, as appropriate. Eligible project costs must consist of expenditures eligible under Washington Administrative Code (WAC) 399-30-030 and be related only to project activities described in the declared SCOPE OF WORK. Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred and payable within thirty(30) days of the reimbursement request. Only costs that have been incurred on or after the LOAN REIMBURSEMENT START DATE shown in the '... Declarations are eligible for reimbursement under this Contract. City of Kent Page 12 Construction PC13-961-002 8/l/2012 Public Works Board Contract 25 The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects assisted with Public Works Program loans. These terms supersede the terms in Section 2.2. Allowable Costs. 1.10 Historical and Cultural Resources Ili Prior to commencing construction, Contractor shall complete the requirements of Governor's Executive Order 05-05, or, as a substitute for completion of Governor's Executive Order 05-05, Contractor shall complete Section 106 of the National Historic Preservation Act. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the Board and the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor's Executive Order 05-05, coordinate with the Washington State Department of Archaeology and Historic Preservation (DAHP), including any recommended consultation with any affected tribe(s), during project design and prior to construction to determine the existence of any tribal cultural resources affected by the proposed project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre-requisite to receipt of funds under this Contract. The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the Contractor shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP. If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The Contractor shall require this provision to be contained in all sub-contracts for work or services related to the declared SCOPE OF WORIC In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the Section 106 of the National Historic Preservation Act shall substitute for completion of Governor's Executive Order 05-05. In the event that the Contractor finds it necessary to amend the declared SCOPE OF WORK, the Contractor may be required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act. 1.11 Performance Incentives The Contractor shall complete the project no later than sixty(60) months after the date of contract execution. Should the Contractor complete the project within forty-eight (48) months of the date of contract execution, the Contractor may choose one of the two following incentives upon project completion: Option A: The repayment period will be increased by twenty-four (24) months, not to exceed the life of the asset, OR: Option B: The interest rate will be decreased by one-quarter of one percent (0.25%). City of Kent Page 13 Construction PC13-961-002 8/1/2012 Public Works Board Contract 26 Should the Contractor complete the project within thirty-six(36) months of the date of contract execution, the Contractor may choose one of the following two incentives upon project completion: Option C: The repayment period will be increased by sixty(60) months, not to exceed the life of the asset, OR; � Option D: The interest rate will be decreased by up to one-half of one percent(0.50%). Once an option is selected, the Contract shall be modified to note the appropriate change and no further adjustment to the Contract for Performance Incentives shall be authorized. irrespective of the performance incentive chosen, at no point in time shall the minimum loan interest rate be less than 0.25%. The calculation of interest rate and term adjustments will apply to the remaining payments beginning from the date the Project Completion report is certified. 1.12 ProlectCompletion Amendment and Certified Project Completion Report The Contractor shall complete a Certified Project Completion Report when all activities identified in the SCOPE OF WORK are complete. The Board will supply the Contractor with the Certified Project Completion Report form, which shall include: A. A certified statement that the project, as described in the declared SCOPE OF WORK, is complete and, if applicable, meets required standards. B, A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in the SCOPE OF WORK. C. Certification that all costs associated with the project have been incurred and have been accounted for. Costs are incurred when goods and services are received and/or contract work is performed. D. A final voucher for the remaining eligible funds. The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for a sum not to exceed the balance of the loan amount. The final Invoice Voucher payment shall not occur prior to the completion of all project activities identified in the SCOPE OF WORK and the Board's receipt and acceptance of the Certified Project Completion Report. The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount, local share, term, and interest rate. 1,13 Project5igns If the Contractor displays, during the period covered by this Contract, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project. 1.14 Rate and Term of Loan The Board shall loan the Contractor a sum not to exceed the LOAN AMOUNT shown on the Contract Face Sheet and declared on the Contract Declarations Page. The interest rate shall be the declared INTEREST RATE per annum on the outstanding principal balance. The length of the loan shall not exceed the declared LOAN TERM in years, with the final payment due by the CONTRACT END DATE as shown on the Contract Face Sheet. 1.15 Recapture The right of recapture shall exist for a period not to exceed six (6) years following contract termination. In the event that the Board is required to institute legal proceedings to enforce the recapture provision, the Board shall be entitled to its costs thereof, including attorney's fees. City of Kent Page 14 Construction PC13-961-002 8/1/2012 Public Works Board Contract 27 These terms supersede the terms in Section 2.31. Recapture. 1.16 Reimbursement Procedures and Payment If funding or appropriation is not available at the time the invoice is submitted, or when this contract is executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriation become available. Therefore, subject to the availability of funds, warrants shall be issued to the Contractor for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with the declared SCOPE OF WORK. The Board shall reimburse the Contractor for eligible project expenditures up to the maximum loan amount under this contract, as identified in Section 1.10. When requesting reimbursement for costs incurred, the Contractor shall submit a signed and completed Invoice Voucher(Form A19), referencing the SCOPE OF WORT( project activity performed, and any appropriate documentation such as bills, invoices, and receipts. The Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor. Each Invoice Voucher must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the project since the last invoice was submitted, as well as a report of project status to date. The Board will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and the Project Status Report, the Board shall promptly remit a warrant to the Contractor. Requests for reimbursements for costs related to construction activities will not be accepted until the Contractor provides: • Proof of compliance with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act, as described in Section 1.10, and • A signed Public Works Trust Fund Notice of Contract Award and Notice to Proceed, which follows the formal award of a construction contract. The Contractor shall submit all Invoice Vouchers and all required documentation to: Contracts Administration Unit Department of Commerce PO Box 42525 Olympia, WA 98504-2525 The Board will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices. Invoices shall be submitted to the Board not more often than monthly. I Payment shall be considered timely if made by the Board within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. The Board may, at its sole discretion, terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Board. Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by another source for an eligible project cost, then the Contractor shall not be reimbursed by the Board for that cost. Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. City of Kent Page 15 Construction PC13-961-002 8/1/2012 Public Works Board Contract '.. 28 In no event shall the total Public Works loan exceed 100% of the eligible actual project costs. At the time of project completion, the Contractor shall submit to the Board a Project Completion Amendment certifying the total actual project costs and local share. The final Public Works loan disbursement shall bring the total loan to the lesser of 100% of the eligible project costs or the total declared LOAN AMOUNT. The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount, local share, and interest rate. In the event that the final costs identified in the Project Completion Amendment indicate that the Contractor has received Public Works Trust Fund monies in excess of 100.00% of eligible costs, all funds in excess of 100.00% shall be repaid to the Public Works Assistance Account by payment to the Department of Commerce, or its successor, together with the submission of the Project Completion Amendment, 1.17 Repayment Loan repayment installments are due on the day and month identified under the term: PAYMENT MONTH on the Declarations Page. Payments are due each year during the term of the loan beginning one year from the date of contract execution. Interest only will be charged for this payment if a warrant is issued prior to this date. All subsequent payments shall consist of principal and accrued interest due on the specified PAYMENT MONTH date of each year during the remaining term of the loan. i Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum based on a three hundred and sixty(360) day year of twelve (12) thirty(30)day months. Interest will begin to accrue from the date each warrant is issued to the Contractor. The final payment shall be on or before the CONTRACT END DATE shown on the Declarations page, of an amount sufficient to bring the loan balance to zero. In the event that the Board approves the Contractor's request for a deferral as outlined in Section 1.5, then the first loan repayment is due sixty(60) months after contract execution. Interest accrues for the sixty(60) months after contract execution. The accrued interest only will be charged for this payment if a warrant is issued prior to this date. Interest and principal payments are due on the declared PAYMENT MONTH date of each year during the remaining term of the loan. The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without penalty. The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of Commerce, or its successor. 1.18 Reports The Contractor shall furnish the Board with: A. Project Status Reports with each Invoice Voucher, i B. Project Reports at the end of each fiscal year, C. Certified Project Completion Report at project completion (as described in Section 1.12), and D. Other reports as the Board may require. 1.19 Termination for Cause If the Contractor fails to comply with the terms of this Contract, or fails to use the loan proceeds only for those activities identified in the SCOPE OF WORK, the Board may terminate the Contract in '.. whole or in part at any time. The Board shall notify the Contractor in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Nothing in this section shall affect the Contractor's obligation to repay the unpaid balance of the loan. City of Kent Page 16 Construction PC13-961-002 6/1l2012 Public,Works Board Contract 29 These terms supersede the terms in Section 2.40 Termination for Cause/Suspension. 1.20 Termination for Convenience The Board may terminate this contract in the event that state funds are no longer available to the Board, or are not appropriated for the purpose of meeting the Board's obligations under this contract. Termination will be effective when the Board sends written notice of termination to the Contractor. Nothing in this section shall affect the Contractor's obligation to repay the unpaid balance of the loan. These terms supersede the terms in Section 2.41 Termination for Convenience. 1.21 Time of Performance No later than sixty(60) months after the date of contract execution the Contractor must reach project completion. Failure to meet Time of Performance shall constitute default of this contract. In the event of extenuating circumstances, the Contractor may request, in writing, that the Board extend the deadline for project completion. The Board may extend the deadline. The term of this contract shall be for the entire term of the loan, regardless of actual project completion, unless terminated sooner as provided herein. 1.22 SnecialConditions If SPECIAL CONDITIONS are listed onthe Contract Declarations Page then these conditions are herein incorporated as part of the terms and requirements of this contract. 1.23 Loan Security Loan Security payments shall be made as stated on the attached Declarations Page, and identified therein as LOAN SECURITY. City of Kent Page 17 Construction !. PC13-961-002 811/2012 Public Works Board Contract 30 GENERAL TERMS AND CONDITIONS 2.1 DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Public Works Board Chair and/or the designee authorized in writing to act on the Chair's behalf. i B. "Contractor"shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. C. "BOARD" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW) 43.155.030, and which is a Party to the Contract D. "Personal Information"shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State' shall mean the state of Washington. F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2.2 ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 2.3 ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 2.4 AMFNDMF,NTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336,ALSO REFERRED"Po AS THE"ADA" 28 CPR PART 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 2.6 APPROVAL This contract shall be subject to the written approval of the Board's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 2.7 ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Board. City of Kent Page 18 Construction PC13-961-002 8/1/2012 Public Works Board Contract 31 2.8 ATTORNEYS'FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs. 2.9 AUDIT A. General Requirements Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. The Board reserves the right to recover from the Contractor all disallowed costs resulting from the audit. As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GARS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to the Board's requests for information or corrective action concerning audit issues within thirty(30) days of the date of request. B. State Funds Requirements Contractors expending $100,000 or more in total state funds in a fiscal year must have a financial audit as defined by Government Auditing Standards (The Revised Yellow Book) and according to Generally Accepted Auditing Standards (GAAS). The Schedule of State.Financial Assistance must be included. The schedule includes: Grantor agency name State program name BARS account number Grantor Agency contract number Contract award amount including amendments (total grant award) Beginning balance Current year revenues Current year expenditures Ending balance Program total If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor. The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor's financial records must be available for review by the Board City of Kent Page 19 Construction PC13-961-002 8/1/2012 Public Works Board Contract 32 Q. Documentation Requirements The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s)to: Department of Commerce ATTN: Audit Review and Resolution Office PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three (3) months of the audit being received by the Board. • Copy of the Management Letter. 2.10 CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building Department. 2.11 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information"as used in this section includes: 1. All material provided to the Contractor by the Board that is designated as "confidential" by the Board; 2. All material produced by the Contractor that is designated as "confidential" by the Board; and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information, The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the Board or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide THE BOARD with its policies and procedures on confidentiality. The Board may require changes to such policies and procedures as they apply to this Contract whenever the Board reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Board. Upon request, the Contractor shall immediately return to the Board any Confidential Information that the Board reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5)working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. City of Kent Page 20 Construction PC13-961-002 8/1/2012 Public Works Board Contract 33 2.12 CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 2.13 COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the moment of creation of such Materials. "Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Board. The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide the Board with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 2.14 DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 2.15 DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Chair j of the Board, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Chair and the other party's (respondent's) Representative within three (3)working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Chair or the Chair's designee and the requestor within five (5) working days, i City of Kent Page 21 Construction PC13-961-002 8/1/2012 Public Works Board Contract 34 The Chair or designee shall review the written statements and reply in writing to both parties within ten (10)working days. The Chair or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 2.16 DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 2,17 ETHICS/CONFLICTS OF INTEREST In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act(Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest. 2.18 GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 2.19 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, the Board, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the Board, the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 2.20 INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 2.21 INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the Board may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and City of Kent Page 22 Construction PC13-961-002 81112012 Public Works Board Contract 35 Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&Ps rights to collect from the Contractor. l I i I I I i it City of Kent Page 23 Construction PC13-961-002 8/1/2012 Public Works Board Contract 36 2.22 LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended including, but not limited to: Washington State Laws and Regulations A. Affirmative action, RCW 41.06.020 (11). B. Boards of directors or officers of non-profit corporations- Liability- Limitations, RCW 4.24.264. C. Disclosure-campaign finances-lobbying, Chapter 42.17 RCW. D. Discrimination-human rights commission, Chapter 49,60 RCW. E. Ethics in public service, Chapter 42.52 RCW. F. Housing assistance program, Chapter 43.185 RCW. G. Interlocal cooperation act, Chapter 39.34 RCW. H. Noise control, Chapter 70.107 RCW. I. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. J. Open public meetings act, Chapter 42.30 RCW. K. Prevailing wages on public works, Chapter 39.12 RCW. L. Public records act, Chapter 42.56 RCW. M. Relocation assistance - real property acquisition policy, Chapter 8.26 RCW. N. Shoreline management act of 1971, Chapter 90.58 RCW. O. State budgeting, accounting, and reporting system, Chapter 43.88 RCW. P. State building code, Chapter 19.27 RCW and Energy-related building standards, Chapter 19.27A RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW. Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and Environmental Assistance Program, Washington State Department of Ecology. R. State environmental policy, Chapter 43.21 C RCW. S. State Executive Order 05-05 Archeological and Cultural Resources, 2.23 LICENSING ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 2.24 LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 2.25 LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. City of Kent Page 24 Construction PC13-961-002 8/1/2012 Public Works Board Contract 37 2.26 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS I During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non- compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 2.27 POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. j 2.28 PREVAILING WAGE LAW The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board's review upon request. 2.29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 2.30 PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the Board's name is mentioned, or language used from which the connection with the state of Washington's or the Board's name may reasonably be inferred or implied, without the prior written consent of the Board. 2.31 RECAPTURE j In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, the Board reserves the right to recapture funds in an amount to compensate the Board for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the Board. In the alternative, the Board may recapture such funds from payments due under this contract. I City of Kent Page 25 Construction PC13-961-002 8/1/2012 Public Works Board Contract '... i 38 2.32 RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.33 REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 2.39 RIGHT OF INSPECTION At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Board, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 2.35 SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, the Board may terminate the Contract under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 2.36 SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contract are declared to be severable. 2.37 SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the Board. If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or(c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this Contract.The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the Board for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that the Board and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. City of Kent Page 26 Construction PC13-961-002 8/1/2012 Public Works Board Contract 39 2.38 SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 2.39 TAXF,S All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 2.40 TERMINATION FOR CAUSE /SUSPENSION In event the Board determines that the Contractor failed to comply with any term or condition of this Contract, the Board may terminate the Contract in whole or in part upon written notice to the Contractor. Such termination shall be deemed "for cause." Termination shall take effect on the date specified in the notice. In the alternative, the Board upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective-action time period, the Board may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow the Board to terminate the Contract upon written notice to the Contractor. "Termination for Cause" shall be deemed a "Termination for Convenience"when the Board I determines that the Contractor did not fail to comply with the terms of the Contract or when the Board determines the failure was not caused by the Contractor's actions or negligence. If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract (i.e., competitive bidding, mailing, advertising, and staff time). 2.41 TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract the Board may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.42 TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by the Board, the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract; C. Assign to the State all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Board has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the Board; and D. Preserve and transfer any materials, contract deliverables and/or the Board property in the Contractor's possession as directed by the Board. Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Board may withhold any amount due as the Board reasonably determines is necessary to protect the Board against potential loss or liability resulting from the termination. the Board shall pay any withheld amount to the Contractor if the Board later determines that loss or liability will not occur. City of Kent Page 27 Construction PC13-961-002 8/1/2012 Public Works Board Contract 40 The rights and remedies of the Board under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 2.43 WAIVERI', Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of the Board i I I City of Kent Page 28 Construction ' PC13-961-002 8(112012 Public Works Board Contract 41 I ATTACHMENT I: ATTORNEY'S CERTIFICATION PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM City of Kent PC13-961-002 I, hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the Contractor identified on the Declarations Page of the Contract identified above; and I have also examined any and all documents and records which are pertinent to the Contract, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The Contractor is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The Contractor is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the Contract. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the Contractor from repaying the Public Works Trust Fund loan extended by the Public Works Board with respect to such project. The Contractor is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the Contract. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the Contractor. Signature of Attorney Date Name Address i City of Kent Page 29 Construction PC13-961-002 8/1/2012 Public Works Board Contract 42 This page intentionally left blank. 43 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: September 13, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: September 17, 2012 From: Ken Langholz, Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Services Agreement/Gray & Osborne, Inc. - Guiberson Reservoir Replacement Item - 5 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Gray & Osborne, Inc. in an amount not to exceed $259,642 to provide Engineering services for the Guiberson Reservoir Replacement, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Guiberson Reservoir is over 70 years old and needs to be replaced. Gray & Osborne, Inc. was selected to perform the design for the new reservoir. Under a previous contract, Gray & Osborne, Inc. provided the City with the conceptual design and recommendations for the new reservoir. This contract is for design of the new 7 million gallon reservoir. Design of reservoirs is highly specialized work requiring expertise in structural, electrical and hydraulic engineering. Gray & Osborne, Inc. was selected because of their experience in designing reservoirs of this size and scope. The recently completed 640 Zone reservoir was designed by Gray & Osborne, Inc. Kent Engineering staff will complete the site design around the reservoir, along with the plans, specifications and engineer's estimate. Budget Impact: Funds for this work have been included in the 2012 water budget. 44 This page intentionally left blank. 45 EXHIBIT A SCOPE OF WORK CITY OF KENT GUIBERSON RESERVOIR DESIGN PROJECT UNDERSTANDING The City is planning on replacing the existing Guiberson Reservoir with a new, larger reservoir at the same location. The existing 3 MG concrete reservoir will be demolished and a 6 to 8 MG partially buried concrete reservoir will be built to replace it. The reservoir will operate at the same hydraulic grade as the existing reservoir. ITEMS OF WORK The major items of work anticipated for this project follow. Predesign Report A predesign report is a required element for the Washington State Department of Health approval process per WAC 246-290. The report will contain an analysis for sizing the reservoir features and control options. The basis of the predesign report will be the preliminary analysis and technical memorandum that Gray & Osborne is currently completing under an existing contract. Conditional Use Permit Since the new reservoir will be replacing an existing reservoir in the same location, a conditional use permit is not required unless the new structure does not conform to existing zoning requirements. Design The project will be designed for a partially buried, circular, concrete reservoir. The reservoir will be approximately 220 feet in diameter with a water depth of approximately 25 feet. The reservoir will have a concrete minimally sloped conical roof supported by a system of columns from the floor to the roof. The floor will be a structural slab on grade with primary reinforcement. The roof will be a concrete slab of uniform thickness with structural reinforcement in both directions. Columns will include a capitol plate (thickened slab) and base plate. Reservoir access will be via roof hatches. The reservoir will be constructed to City and AWWA codes, and shall be designed to the proper seismic factor for the site. Preliminary information indicates that the seismic factor will be approximately 25 percent of the structure load and content weight. c&O#12413.00 Page I of 5 46 Gray & Osborne will work closely with standard reservoir designers, such as DN Tanks, to ensure constructability. The reservoir will have such features as stairway access, interior platforms, lighting, and handrails. The inlet and outlet will be designed to protect water quality and minimize stagnation, although the design will include a mechanical mixer that will provide the primary mixing. The inlet design will include spray nozzles similar to existing. If possible, the outlet design will include an outlet vault with stair access for seismic accessories, sampling, and outlet line access. The reservoir design will include a sloped floor to facilitate cleaning with an underdrain system with a central collection point for monitoring. The reservoir drain will have a sump and a dechlorination structure. The site improvements designed under this contract will include revised site grading, new fencing, landscaping, lighting, and site security. Shoring design criteria will be provided by the geotechnical engineer and will be included in the contract documents. The design will also include reservoir color and surface features to improve reservoir aesthetics and a landscaping plan; work provided by a subconsultantto Gray & Osborne. The project will also include an evaluation of the existing metering and flow control components for the reservoir inlet and outlet based upon the probable range of flows. If needed, the design will include new subsurface components for flow control and seismic considerations contained in vaults with stair access. The project will also include a new control building, new electrical service, and backup generator. The generator will be contained in a canopy per City standard design. The project will also include the design of up to three groundwater monitoring wells. Approvals The plans and accompanying building permit documentation will be prepared in a format acceptable by the City of Kent Building Department. The Predesign Report and contract documents will be sent to the Department of Health for review and approval. Contract Documents The contract documents will be prepared to include comments from the City and Department of Health reviews for bidding and construction. Gray & Osborne will provide technical support during the bidding phase of the project, will prepare and distribute addenda to the contract documents as needed, will review bids for mathematical correctness and compliance with bidder responsibility criteria, and will make recommendation to award the project. Gray & Osborne will provide the plans technical specifications, while the City of Kent will provide the remaining contract manual. G&o#12413.00 Page 2 of 5 47 SCOPE OF WORK Phase I—Predesign Report I. Reservoir sizing evaluation. 2. Site layout with piping design. 3. Preliminary structural design. 4. Preliminary site stormwater system design and report. 5. Reservoir appurtenances. 6. Electrical and telemetry requirements. 7. Project schedule. 8. Project cost predesign level estimates. 9. Conceptual design including: a. Site plan; b. Site piping, including existing and proposed water main piping and existing and proposed storm drainage; C. Reservoir plan, elevation, and sections; d. Electrical; e. Telemetry; and f. Site improvements and security features. Phase II—Design Tasks will include: 1. Development of 50 percent and 90 percent plans for City review and incorporation of City comments into plans. 2. Preparing specifications in CSI format. 3. Design including: a. Maximum flexibility in piping to maintain existing spray aeration scheme; b. Designing reservoir to comply with AWWA D110 or D115 for concrete reservoirs, which includes leakage standards; c&O ui2413.00 Page 3 of 5 48 C. Structural calculations; d. Details of all critical or complex areas of design; e. Exterior architectural features; and f. Electrical and controls including a control building, auxiliary generator, and electrical service. 4. Landscape design including: a. Meetings with City staff for conceptual landscaping design; b. Submittal and review of conceptual landscape design; C. Preparation of landscape design public involvement materials: i. Provide up to two photosimulations of landscape design for public meeting, ii. Provide one illustrative planting plan and plant palette for public meeting, and iii. Provide one set of revisions for follow-up public meeting; d. Provide 50 percent landscape and irrigation plans, specifications, and cost estimate; e. Provide 90 percent landscape and irrigation plans, specifications, and cost estimate; and f. Provide 100 percent landscape and irrigation plans, specifications, and cost estimate incorporating City comments. 5. Site demolition, earthmoving, and construction considerations including: a. Discussions with City staff for demolition of the existing structure and handling of excavated soils; and b. Coordinating two site visits with contractors of the City's choice to review site construction issues prior finalizing the design and construction documents. 6. Preparing cost estimates. 7. Meeting with City staff at the 50 percent and 90 percent design levels to review project design. Phase III—Approvals Tasks will include: 1. Preparation and submittal of City of Kent building permit. 2. Submittal of predesign report and contract documents to the Department of Health for approval. 3. Attendance at one public meeting. G&O N 12413.00 Page 4 of 5 49 Phase IV—Contract Documents Tasks will include: 1. Incorporating all review comments from the City and Department of Health into the final plans and specifications. 2. Preparing final contract documents. 3. Preparing cost estimate. 4. Submitting contract documents for City review. 5. Preparing addenda as required in response to bidders' questions. 6. Answering bidder questions as related to engineering issues. 7. Attending a prebid meeting if required. 8. Assisting with bidding and bid opening. 9. Providing recommendation to award. INFORMATION TO BE PROVIDED BY THE CITY • The design will be based upon the Geotechnical Report prepared by GeoEngineers and provided to Gray & Osborne by the City. • All site and topographical survey will be provided by the City as requested by Gray & Osborne. • All telemetry standards will be provided by the City and incorporated into the construction documents by Gray & Osborne. G&O 412413.00 Page 5 of 5 50 EXHIBIT B ENGINEERING SERVICES SCOPE AND ESTIMATED COST City ojKent-Guibersmr Reservoir Design Project Structural Electrical CADD Principal Mgr. Civil Eng. Eng. Eng. Tech. 'Tasks lions flours Hours Hours Horns Hours Phase I.-Predesi n Review of Geotechnical Study and Report 1 2 2 8 Review of Reservoir Sizing and Design Parameters 1 4 20 2 Preliminxy Reservoir Design 4 8 40 8 Prelimmay Electrical and Telemetry Design 1 2 4 24 Conce tual Design Drawings 2 8 24 6 8 40 Project Schedule 1 4 2 Project Cost Estimate 2 4 16 QA/QC 4 4 6 4 4 City Staff Review q 8 8 Prepare Predesi n Report for DOII Review and Approval 2 2 32 4 2 Subtotal(lour Estimate: 22 46 154 32 38 40 Phase It-Design Site Development 6 8 40 40 Site Storm Drainage 4 12 60 60 Site Pining 4 12 40 40 Site Excavation and Contractor Site Visits 8 40 80 16 40 Coordination with Geotechnical Engineer on Sharing Re uirements 2 6 12 12 20 Reservoir Design and Specifications 8 24 80 80 80 Control Building Design 2 4 4 24 Electrical and'Felemetry Design and Specifications 2 6 80 80 Project Cost Estimate 2 4 4 8 q QA/QG 50%and 90% 8 8 8 8 8 City Staff Reviews 50%and 90o/ 8 8 8 4 4 Subtotal hour Estimate: 54 132 336 552 96 360 Phase III-Approvals preparation of City of Kent Building Permit Application 2 4 16 20 12 Submittal ofApplication 1 2 4 Response to Comments 2 8 12 24 Submittal of Predesign Report and Plans to DOII for Review and 2 4 8 g Approval and Response to Comments preparation for and Attendance at One City of Kent Public Meeting 6 6 12 Subtotal Hour Estimate: 7 24 46 44 0 32 Phase IV-Contract Documents Final Plans and Specifications 4 8 24 20 12 40 En incer's Cost Estimate 2 4 4 2 2 QA C 4 8 8 4 4 City Staff Review 4 4 4 Allen Prebid Meetin 4 q Assist in Bidding,Bid Opening,and Recommendation to Award 8 8 4 q 8 Subtotal Hour Estimate: 14 36 52 30 22 48 Hour Estimate: 97 238 588 258 156 480 Estimated HourlyRates: $56 $46 $36 $46 $50 $28 Direct Labor Cost $5,432 $10,948 1 $21,168 1 $11,868 J $7,800 1 $13,440 Subtotal Direct Labor: $ 70,656 Indirect Costs(180%): $ 127,181 Total Labor Cost: $ 197,837 Fee(15%): $ 29,676 Subtotal Labor&Pees: $ 227,512 Direct Non-Salary Cost: Mileage&Expenses(Mileage @$0.55/mile) $ 500 Printing $ S00 Subconsultant: Hough Beek&Baird Landscape Architects $ 28,300 Subconsultant Overhead(10%) $ 2,830 TOTAL,ESTIMATED COST: S 259,642 G&O#12413.00 Page I of I 51 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: August 1, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: September 17, 2012 From: Nick Horn, Design Engineering Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Services Agreement/Tierra Right of Way Services LTD - Negotiations for Property Acquisition along SE 256th Street Item - 6 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Tierra Right of Way Services LTD in an amount not to exceed $24,460 to provide negotiation services to acquire property along SE 256th Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City of Kent was successful in obtaining a $2 million grant from the Washington State Transportation Improvement Board for the repair, widening and upgrading of SE 256th Street between Kent-Kangley Road and 116th Avenue SE. The project will construct a center left turn lane, bike lanes, curbs, gutters, sidewalks, street trees, storm drainage and undergrounding of the overhead utilities In order to construct the improvements along SE 256th Street and widen the roadway, some strips of property will be required from adjacent properties. This consultant would be used to negotiate the final terms of any agreement with the property owner that cannot be closed using City staff. Budget Impact: Funding for this contract is included in the existing project budget 52 This page intentionally left blank. 53 City of Kent,Washington � KEDI7 256�h Street SE Right-of-Way Negotiations July 26,2012 Ingrid Willms-Dixon,Project Analyst City of Kent,Public Works Engineering 400\k'est Gowe Kent,Washington 98032-5895 Re: Right of Way Acquisition Cost Estimate 2566 Street SE Road Improvement Project Dear Ms. Willins-Dixon: Thank you for the opportunity to provide the City of Kent with our estimate of acquisition costs to complete the above referenced project. We have included with our proposal, a Summary of Qualifications with the resumes of staff that are available to complete your project. The last two pages of this proposal contain our '.. pricing and staff availability. This proposal splils the pivp6i-ie,r into the two groups peryour email rzquest of July 24,2012. Tierra Right of Way Services, Ltd. (Tierra),will cornply with Washington State Department of Transportation. '...... (WSDO'I) guidelines including Local Agency Guidelines and Washington law, as stated in Chapter 8.26 RCW titled Real Property Acquisition Policy in all efforts to acquire the necessary right of way for the project. It is our understanding that the City of Kent will procure the needed appraisal reports and related valuation services from sources outside of this Request for Proposal.It is assumed that the City will also provide.: m the necessary legal descriptions and exhibits for each parcel to be acquired, o title reports for each parcel, and © form of purchase agreement and conveyance documents. It is also assumed that Phase I environmental screening is complete and that no hazards to he valued or mitigated exist. Our proposed price reflects this understanding and these assumptions. Tierra will deliver the 2561h Street SE Road Improvement Project within the budget proposed and within 120 calendar days of receipt of the appraisals or Project Funding Estimates for each non-appraised parcel from which the value can be derived. Our team looks Forward to working with the City of Kent to complete this important road improvement project to relieve traffic congestion mud increase the safety of the community. '.. Sincerely, Mack Dickerson, SR/WA,RXX7-RAC Vice-President,Right of Way Operations 54 COSTPROPOSAL 256"'Street SE Road Improvement Project Kent, WA Single Family Residences and Vacant Land(includes daycare operations) Owners : Parcel Number(s): Acquisition Type: Cost to A Colleen Delvalle 88010-0010, 88010- 5' Slope Easement .00 88010-0040 Phillip & Patricia Jacques 880100 5 Slopp,, ement $4,120.00 Margaret Becker 88010-0050 ope Easement $4,120.00 Glenn Mackprang 88010-0060 lope Easement $4,120.00 Carl Schultz 202205- 5'Slope ement $4,120.00 Tan Hoang 05-9074 10'Slope Easem $4,120.00 Vasily Zhuravel 216140-0010 2'Slope Easement 0.00 Jeffrey B 216140-0100 2' Slope Easement $3,800.0 TOTAL: $36,160.00 Commercial and Multi-Family Parcels Martin Fuel Associates, 202205-9220 10' Fee Right of Way $4,440.00 LLC 5'TCE Bill O'Quinn 292205-9046 10' Fee Right of Way $4,440,00 5'TCE IC USA No, 14 Holdings 292205-9247, 292205- 10' Fee Right of Way $6,700.00 LP 9004, 292205-9001 S'TCE James, Richard, Kathleen 202205-9222 10' Fee Right of Way $4,440.00 Cannon 5'TCE W.C. Geiger 292205-9214 10' Fee Right of Way $4,440.00 5'TCE TOTAL: $24,460.00 TOTAL(Both Types): $60,620.00 If both the residential and commercial segments are awarded to Tierra, a $1,700.00 discount will be provided.This discount is: Grand Total if both segments are awarded to Tierra Right of Way Services: $58,920.00 This cost proposal groups ownerships into negotiation units. The proposed cost in the column above is ourfee to negotiate the identified property interests for all parcels owned by the person listed in the ownership column above. Our cost does not include the following: ® Title Reports; it is assumed that the City will provide these at the start of the project. ® Legal Descriptions and Exhibits; it is assumed that the City will provide these at the start of the project. - Appraisal Reports, Review Appraisals or Project Funding Estimates; it is our understanding that the City of Kent is requesting these items through a separate RFP or already has them. 55 ® Phase I Environmental ESA's; it is assumed that the City has already completed any needed environmental screening and any known hazards will be reflected in the appraisal reports or the City will provide special direction on how they want the hazards mitigated. o Forms of Purchase Agreements and Conveyance Documents; it is assumed that the City has such forms prepared and will provide them to Tierra upon issuing a Notice to Proceed. 56 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: August 1, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: September 17, 2012 From: Nick Horn, Design Engineering Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Services Agreement/Certified Land Services Corporation — Negotiations for Property Acquisition along SE 256th Street Item - 7 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Certified Land Services Corporation in an amount not to exceed $18,315 to provide negotiation services to acquire property along SE 256th Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City of Kent was successful in obtaining a $2 million grant from the Washington State Transportation Improvement Board for the repair, widening and upgrading of SE 256th Street between Kent-Kangley Road and 116th Avenue SE. The project will construct a center left turn lane, bike lanes, curbs, gutters, sidewalks, street trees, storm drainage and undergrounding of the overhead utilities In order to construct the improvements along SE 256th Street and widen the roadway, some strips of property will be required from adjacent properties. This consultant would be used to negotiate the final terms of any agreement with the property owner that cannot be closed using City staff. Budget Impact: Funding for this contract is included in the existing project budget 57 l L A N D S E R V I C E S C O R P O R A T 1 -O N June 27, 2012 Ingrid Willms-Dixon, Project Analyst City of Kent 400 West Gowe Kent, WA 98032-5895 RE: Right of Way Negotiations: 256th Street SE Dear Ms Willms-Dixon; Thank you for the opportunity to submit this letter of interest and statement of qualifications to you for consideration as a provider of Right of Way Negotiations on the 256th Street SE project. CERTIFIED Land Services has extensive experience providing municipalities, agencies, utility companies and others with right of way advisory services as well as acquisition, relocation, records management and property management. We are able to provide turnkey projects or ala carte services, depending on our clients project needs. Since 1999, we have been helping clients and property owners find common ground so that vital projects like yours can move forward on schedule. We have had the pleasure of working for and with the City on several projects in the past and would welcome the opportunity to work with the City again. We believe our work for the City of Kent has been accurate and cost effective, and our delivery record on all projects is excellent. In general, our record of delivering projects on time and within budget is impressive. When choosing a name for this company we decided that ultimately, the most important part of a project is the ability to certify it with funding agencies, hence, the name of CERTIFIED Land Services. We work hard to minimize your risk by doing our work in a manner that not only involves and engages all stakeholders, but also is mindful of the need of the client to ensure the project meets all funding requirements of certification. We hope we will have the opportunity to discuss our qualifications with you in greater detail. Please contact us if you would like additional information. Respectfully, CWServices Corporation R President Enclosures 4619 3 7 1 h Avenue SW = Seattle , WA 98126 Phone:206.287.9858 Fax: 206.938-6717 e-mail: info@ceriifiedlandservices.com 58 L A N D S E R V I C E S C O R P O R A T I O N SCOPE OF WORK: City of Kent 256th Street SE Proiect Overview. The project consists of: ® Acquiring 10 Slope Easements of varying widths from single family residential private property. There is no relocation of persons or personal property on this project. State and federal funds are not currently, but may be involved in the future of this project requiring strict adherence to Federal Highways Administration policies and procedures as well as all applicable federal, state and local laws including, but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and it's amendments, 49CFR Part 24, and state Revised Statutes. Work will be in accordance with the WSDOT Local Agencies Guidelines and by reference the WSDOT Right of Way Manual parts 1 &2. CERTIFIED will work closely with all project stakeholders including project managers and staff, engineering project managers and designers, property owners and their representatives and the public. Schedule and Approach to Work. Construction is anticipated to commence in late 2012 or early 2013, but as soon as possible. We would recommend Slope Easement parcels be valued using a Preliminary Funding Estimate (PFE) and Appraisal Waiver(AOS) process intended for simple acquisitions with no anticipated damages to the remainder with estimated values under$25,000. The optional cost of a PFE is included in this cost estimate. While the construction start schedule is aggressive, if we plan this work well, phase it to coincide with completion of appraisals and coordinate all activities closely we should be able to make deadline as planned. 59 L A N D S E R V I C E S C O R P O R A T I O N SCOPE OF WORK: City of Kent 2561h Street SE Task 1 - Project Management Assumptions: • The City will act as general right of way project manager. • CERTIFIED will provide staff management/advisory time for its staff, but will not consider itself in any way the project manager for the project. 1.1.1 Prepare a project schedule for the right of way phase. Monitor and update the schedule as needed. 1.1.2 Prepare and submit a weekly status report and a monthly progress report will be included with our invoice. Our reports will include identification of work performed in the previous month's schedule, measures for mitigating schedule slippage, if necessary, and identification and discussion of potential problems that may arise, including issues resolution. 1.1,3 Manage quality in coordination with the City's Project Manager. 1.1.4 Submit detailed monthly invoices. Task 2 - Preparation ® CERTIFIED staff will review all documents, files, maps, title reports, legal descriptions and other information provided. Errors, questions and clarifications will be reviewed and discussed. � k 3 — Appraisal — OPTIONAL PFE PROCESS (NOT INCLUDED IN FEE EST.) Assu . ns: • In a dance with funding source requirements CERTIFIED elf determine parcels th ay be acquired with appraisal waivers and ,terse parcels that require full narra appraisals. • Appraisal Reviews are necessary for PFE/A� isr5' al Waiver parcels valued under $25,OD0 according to s and federa nding source requirements. • The City will set just compensation parcels from which offers to property owners will be made. 3.1.1 CERTIFIED will prepare reliminary fundi estimate for the 10 Slope Easement parcels de6ing each parcel, its owner comparable property study, analysis,of'comps selected and statement of just co ensation for City approval. raisal Waivers will be written for those parcels ed under $25 010 in the Preliminary Funding Estimate process. Task 5 — Administrative Assumptions: • All forms and conveyance documents will be WSDOT templates, or as preferred and provided by the City. 5.1.1. The City will provide signature ready legal documents and offer packages for all parcels. 5.1.2. The City will provide title commitments for each parcel with Schedule B showing exceptions listed. 5.1.3. The City will provide all legal descriptions. 5.1.4. The City will provide approved right of way and or exhibit maps for the project. 60 L A N D S E R V I C E S C O R P O R A T I O N SCOPE OF WORK: City of Kent 2561h Street SE 5.1.5. CERTIFIED staff will maintain all records, files, documents and reports in accordance with statutory and WSDOT guidelines and regulations. 5.1.6. CERTIFIED will provide the City with written status reports on a weekly basis and will provide verbal status reports on demand, as requested. Task 6 - Negotiation Assumptions: ® CERTIFIED agents will act in good faith at all times. ® CERTIFIED staff will never coerce owners in an attempt to settle parcels ® CERTIFIED will provide the City with an Administrative Settlement Letter for all requested administrative settlement. ® CERTIFIED staff will work whatever hours are necessary, including evenings and weekends, to make themselves available to owners and their representatives. 6.1.1. CERTIFIED will prepare offer letters for all parcels. 6.1.2. CERTIFIED agents will make at least 3 personal contacts with each owner with the intent of reaching settlement for the conveyance of property or property rights needed from each parcel. As many contacts as needed to reach settlement will be made, until it is mutually agreed between the City and CERTIFIED that negotiations should be suspended or given to the City Attorney to pursue eminent domain actions. 6.1.3. CERTIFIED staff will explain the offer verbally and in writing. 6.1.4. CERTIFIED staff will provide detailed written diaries for each parcel. 6.1.S. CERTIFIED staff will transmit organized parcel files containing all pertinent information, documents, forms, diaries, and Disclaimer Statements. 6.1.6. CERTIFIED staff will prepare a condemnation summary memo for any parcel that the City deems it is necessary to acquire through the exercising of its power of eminent domain. Task 7 — Relocation Assumptions: There are no relocations on this project. ® Sign relocations will be considered cost to cure items addressed in appraisals and negotiations. Task 8 - Closing and Conveyance Assumptions: ® Title Clearance is not required on easement parcels. 8.1.1. CERTIFIED will provide the City with complete files at the close of negotiations for each parcel. Included in our transmittal packages will be conveyance documents ready for the city to record. je ® e� L A N D S E R V I C E S C O R P O R A T I O N SCOPE OF WORK: City of Kent 2561h Street SE C05T ES�EMAl E' This proposal is based on charging only for those hours worked. The outline of tasks and hours provided above are a guide to our understanding and approach to.work. PR0.7ECT•fNANAGEMENT Senior Project Manager: 10 hours @ $154 per hour = $1,540 (Based on 4 hours each fee parcel and 1 hours each slope easement parcel.) IdEGOTYATIQN ' l Senior Acquisition Agent: 160 hours @ $95 per hour = $15,200 (Based on 36 hours each fee parcel and 16 hours each permanent slope easement parcel.) Administrative Support: 5 hours @ $65 per hour = $325 TITLE lttP6RTSJPAYMEhTTQOWNERS., Title Reports will be provided by the City and are not included in this cost estimate. The overall project scope of work calls for the City to pay directly for any escrow services and payments of just compensation to the property owners. REIFABUSZSABLES, , _ � ', In addition to the above costs, reimbursable costs such as mileage, postage, phone and fax charges, or other reasonable costs will be billed at straight cost. Estimated Reimbursables = $1,250 TOTAL ESTIMATED COSTS = $1.3,33.5 P'REL%MIN 4RY FUNDING ESTIMATE — OPT,'I VAL (not included in estimated>cost) = CERTIFIED staff will prepare a PEE for: • The 10 parcels from which we are acquiring in Slope Easements and CERTIFIED will prepare an Appraisal Waiver Summary Sheet for each parcel. 10 x $750 = $7,500 NOTE: IT IS OUR COMMITMENT TO PROVIDE YOU WITH EFFECTIVE AND COST EFFICIENT SERVICE. SINCE WE WERE ASKED TO PROVIDE A NOT TO EXCEED COST ESTIMATE, WE HAVE PROVIDED THIS ESTIMATE FOR YOUR BUDGETING PURPOSES. ALTHOUGH IT CANNOT BE GUARANTEED, IT IS OUR GOAL TO DELIVER THIS PROJECT WELL WITHIN THE ABOVE TOTAL ESTIMATED COSTS. WE WILL UNDER NO CIRCUMSTANCES EXCEED THIS ESTIMATE WITHOUT YOUR FULL CONSENT AND APPROVAL. 62 This page intentionally left blank. 63 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: September 4, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: September 17, 2012 From: Mark Madfai, Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Services Agreement/AMEC Environmental & Infrastructure, Inc. — Lower Russell Road Levee Item - 8 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with AMEC Environmental & Infrastructure, Inc. in an amount not to exceed $24,570 to provide Geotechnical and Levee Certification Services for the Lower Russell Road Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: In December 2010 the City selected AMEC to prepare the Levee certification report for the Conditional Letter of Map Revision (CLOMR) request for the Lower Russell Road Levee. The CLOMR was completed and sent to FEMA in April 2011, The CLOMR review has been placed on hold by FEMA pending the resolution of the "High Ground" tie in point. The City is working the Washington State Department of Transportation and Federal Highway Administration to solve this issue and update the CLOMR reports so the review can continue. AMEC is also analyzing the risk and providing recommendations for repair of an embankment failure in this levee segment. This contract will be for AMEC to prepare a report on the embankment failure and to update the CLOMR and address any additional comments from FEMA once their review continues. Budget Impact: Funding for this contract is included in the existing project budget 64 This page intentionally left blank. e6 5 August 31, 2012 AMEC Project 1917-17156-0 City of Kent Public Works Engineering 400 West Gowe Street Kent, Washington 98032 Attention: Mr. Mark Madfai, P.E. Subject: Proposal for Additional Services Factor of Safety Bank Failure at Dog Kennel CLOMR Updates Russell Road Lower-Lowest Levee Kent, Washington Dear Mark: At your request, AMEC Environment & Infrastructure, Inc. (AMEC) is pleased to submit this scope of work and budget estimate to provide additional geotechnical and related services for the above- referenced project. We completed the CLOMR application and submitted Response to Review Comments in March 2012. At your request, we have been providing geotechnical services related to three additional items as follows: Factor of Safety Review—We were requested to provide a memorandum describing our basis of design for the sudden drawdown case factor of safety. As of this writing, we have provided draft versions of the memorandum for review and comment. We anticipate minor additional revisions and response to review comment may be required. Bank Failure at Dog Kennel —We were requested to provide an evaluation of the bank failure that occurred last winter/ spring in front to the Dog Kennel property. We made a site visit and performed slope stability evaluations based on available site and subsurface information, and a draft report on our findings has been submitted for your review and comment. We anticipate one to two additional rounds of revisions prior to finalization of this report. Ongoing Support for Levee Certification —We understand ongoing geotechnical services are anticipated in support of levee certification activities. One outstanding issue relative to the CLOMR application for the Lower-Lowest Russell Road levee is the high ground tie-in to existing roadways at AMEC Environment&Infrastructure, Inc. 11810 North Creek Parkway N Bothell,Washington 98011 (425)368-1000 Phone (425)368-1001 Facsimile www.amec.com P A17150-0 Kern Levee Russell RoadAPMWddifi on at services 8 6 201 z\Proposal for additional servlces_a 31_2012 door e66 S. 2121h Street and S. 231't Street. Another issue is the final alignment of the roadway and setback levee in the vicinity of the warehouse property, which may require a retaining wall. AMEC would provide the geotechnical design support for evaluation of the retaining wall. AMEC would then prepare supplemental reports to FEMA as required to address these modifications. AMEC would also be available to provide other on-call support services as required. COST ESTIMATE As of this writing we have expended our original budget of$239,930. The estimated cost for the additional consultation on these three tasks is $24,570. We have presented this as a budget amendment request in addition to our currently authorized budget of$239,930, bringing our total budget to $264,500. AMEC services will be performed on a time-and-expenses basis, using a cost plus fixed fee form of contract. An approximate breakdown of hours for these additional services is attached. The actual distribution of labor hours per category may vary from the estimate. Our fee estimate for additional services is presented as Exhibit A, and direct salary costs for staff that would be working on this project are presented as Exhibit B, attached. Sincerely, AMEC Environment& Infrastructure, Inc. James S. Dransfield, P.E. Principal Geotechnical Engineer Enclosures: Level of Effort Hours Estimate Exhibit A —Summary of Additional Costs Exhibit B —Summary of Staff and Rates AMEC Environment& Infrastructure, Inc. Project No. 1917-17156-0 2 P:\17156-0 Kent Levee Russell Road\PWAdditional Services 8 6 2012\Proposal for additional services_8 31_2012.docx 67 Level of Effort Hours Estimate a Q � � Q o.5 ceei' S m� cQ 40 c c 5 c C9 ca O me U totals Ye9k€JB9PYIPnp�rt hours ON CALL SUPPORT Factor of Safety Letter 8 2 Dog Kennel Bank Evaluation 8 2 8 8 4 2 On Call Support of Levee Certification 48 2 4 32 16 8 4 total hours per category 64 2 8 40 24 12 6 156 68 ame& EXHIBIT A - SUMMARY OF ADDITONAL COSTS Russell Road Levee Certification S 212th Street to S 231 st Street Kent, Washington DIRECT SALARY COST(DSC): Task Classification (AMEC Class Code) Hours x Hourly Rate = Cost Task Total Senior Principal (622 to 624) 64 $69.95 $4,476.80 Principal (618 to 621) 2 $60.90 $121.80 Associate (617) 8 $45.40 $363.20 Senior Project Engineer(616) 0 $41.62 $0.00 Senior Project Geologist(615) 40 $41.06 $1,642.40 Project Engineer/Geologist(614) 0 $37.28 $0.00 Senior Staff Engineer/Geologist(613) 0 $32.10 $0.00 Staff Engineer/Geologist(611 to 612) 24 $28.63 $687.12 CAD Drafting (516) 12 $28.98 $347.76 Word Processing (806) 0 $17.89 $0.00 Clerical (805 to 807) 6 $19.79 $118.74 TOTAL DSC 156 $7,757.82 OVERHEAD COST(OH COST-including salary additives): OH Rate of 1.837 x DSC 1.837 x $7,757.82 = $14,251.12 DSC+OH $22,008.94 FIXED FEE(FF): FF Rate of 0.10 x(DSC+OH) 0.1 x $22,008.94 = $2,200.89 REIMBURSABLES: Field Expenses (mileage, equipment, etc.) $360.00 Laboratory Testing* $0.00 Drilling Subcontractor* $0.00 Cone Probe Subcontractor* $0.00 Traffic Control Subcontractor* $0.00 TOTAL REIMBURSABLES = $360.00 TOTAL $24,569.83 *includes 10% markup 69 ame EXHIBIT B - SUMMARY OF STAFF AND RATES AMEC Class 2011 Direct Salary Staff name Code Hourly Rate Principal Jim Dransfield 624 $69.95 Jim French 621 $60.90 Associate Joe File 617 $45.40 Todd Wentworth 617 $45.14 Steven Siebert 617 $46.57 Senior Project Engineer Carlo Evangelisti 616 $41.62 Senior Project Geologist Henry Brenniman 615 $41.06 Bill Lockard 615 $40.29 Project Geologist Konrad Moeller 614 $37.28 Senior Staff Geologist Pat Reed 613 $32.10 Staff Engineer Minjae Park 611 $28.63 Drafter Jeff Sanders 516 $28.98 Word Processor Lucas Stonehouse 806 $17.89 Clerical Crystal Fitzgerald 807 $19.79 Donna Wilson 805 $16.30 70 This page intentionally left blank. 71 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: September 5, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: September 17, 2012 From: Tim LaPorte, P.E., Public Works Director Subject: Information Only/Alvord T Bridge Closure Item - 9 Motion: Information Only/No Motion Required Summary: Public Works Director, Tim LaPorte will provide an update on the Alvord T Bridge Closure. King County intends to close the bridge and remove it during the summer of 2013. No replacement bridge would be constructed. Budget Impact: None 72 This page intentionally left blank. 73 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: September 5, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: September 17, 2012 From: Tim LaPorte, P.E., Public Works Director Subject: Information Only/Levee Update Item - 10 Motion: Information Only/No Motion Required Summary: Public Works Director, Tim LaPorte will provide an update on levee issues. Budget Impact: None