The URL can be used to link to this page

Home My WebLink AboutCity Council Committees - Public Works/Planning - 03/17/2014 (3) 1 Public Works Committee Agenda �� Councilmembers: Brenda Fincher • Dana Ralph • Dennis Higgins, Chair `� KENT WASHINGTON March 17, 2014 4:00 P.m. Item Description Action Speaker Time Page 1. Approval of Meeting Minutes March 3, 2014 YES None 03 03 2. TV Inspection Truck Procurement & Interlocal YES Ron Green 10 05 Agreement 3. Upper Russell Road Interlocal Agreement with YES Toby Hallock 05 21 King County Flood Control Zone District 4. Consultant Services Agreement with GEI YES Ken Langholz 05 37 Consultants, Inc. - Briscoe-Desimone Levee Reaches 2 &3 5. Consultant Services Agreement with Jason YES Paul Kuehne 05 57 Engineering for Construction Services - Briscoe-Desimone Levee Reaches 2 &3 6. Boeing Levee Environmental Restoration YES Mike Mactutis 05 73 Project 7. Information Only/Citywide Spring Litter NO Gina Hungerford 05 97 Cleanup Event 8. Information Only/Update on Pavement NO Bill Thomas 10 99 Conditions 9. Information Only/Update on Bridge Inventory NO Bill Thomas 10 101 & Inspection 10. Information Only/Coal & Crude Oil Train - NO Chad Bieren 10 103 Update 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 March 3,.. 2014 COMMITTEE MEMBERS PRESENT: Committee Chair, Dennis Higgins and Committee members Dana Ralph and Brenda Fincher were present. The meeting was called to order at 4:03 p.m. Item 1 — Approval of Meeting Minutes Dated February 24, 2014: Committee member Ralph MOVED to approve the minutes of February 24, 2014. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 2 —Goods &Services Agreement with TMG Services for Chlorination Equipment for Kent Springs: Sean Bauer, Interim Water Superintendent noted that chlorine is used to kill bacteria and other microbes in the drinking water supply. The chlorination equipment at Kent Springs has reached the end of its useful life and needs to be replaced. Bauer said the purchase from TMG Services is for parts only; Water Department staff will complete the installation of equipment. Committee member Fincher MOVED to recommend Council authorize the Mayor to sign a Goods and Services Agreement with TMG Services, Inc. for purchase of chlorination equipment in an amount not to exceed $22,499.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 3 — Grant Acceptance/Kent Regional Trails Connector: Mark Madfai P.E., Design Engineering Supervisor stated that the Public Works Department competed for and was successful in obtaining a $1,125,368 federal grant for the Kent Regional Trails Connector project. This project will construct a new, east-west, multi-use trail connecting the existing Green River Trail to the Interurban Trail. The trail location will be adjacent to the Green River Natural Resources Area and will include the installation of rectangular rapid flashing beacons at 641h Avenue and 72"' Avenue and a new "HAWK" signal at the crossing of West Valley Highway. A new, non-motorized bridge will be constructed across Mill Creek on the east end, connecting to the Interurban Trail. Committee member Ralph MOVED to recommend Council accept the federal grant in the amount of $1,125,368 for the Kent Regional Trails Connector Project and direct staff to establish a budget for the funds to be spent within the Kent Regional Trails Connector Project subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 4 — Consultant Services Agreement with Tetra Tech, Inc. for 2014 Lakes Water Ouality Monitoring: Matt Knox, Environmental Ecologist stated that Lake Fenwick and Lake Meridian are listed on the 303d list (the nation's list of"impaired waters"compiled by the State Department of Ecology and the Environmental Protection Agency) for a number of water quality parameters. 4 Public Works Committee Minutes March 3,.. 2014 The City has enacted a number of measures to improve water quality at both lakes, including: Constructing stormwater treatment measures and requiring them on private systems; educating residents about ways to reduce polluted runoff (e.g. natural yard care and car washing); and in the case of Lake Fenwick, installing an in-lake aeration system and introducing weed-eating fish (Grass Carp) to reduce non-native aquatic plants. This contract will assist staff by providing the expert help and specialized equipment necessary to accurately assess lake conditions. Committee member Fincher MOVED to recommend Council authorize the Mayor to sign a consultant services agreement with Tetra Tech, Inc. in an amount not to exceed $24,432.97 to monitor and analyze surface water quality conditions and aquatic weeds in Lake Fenwick and Lake Meridian during 2014, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 5- Information Only/ Recycling Event, Rain Barrell, Composter & Work Bin Sale, Curbside Cleanup, & City-Wide Spring Clean Event: Gina Hungerford, Conservation Coordinator noted the following events: Spring Recycling Event March 15, 2014 from 9:00 am - 3:00 pm, at Russell Road Park. Residents are invited to bring items that are not easily recycled at the curb including appliances, tires, bulky yard debris and Styrofoam at no charge. For a list of what to bring, visit www.KentRecyclies.com. Composter, Work Bin & Rain Barrel Sale Russell Road Park on March 22. Composters &Worm Bins will be available for $25 and Rain barrels for $35, while supplies last. Spring Curbside Cleanup Week March 31-April 4 residents can place additional garbage and yard waste at the curb. A flyer with details will be sent in mid-March for more information visit www.KentRecycles.com. 2nd Annual City-Wide Litter Cleanup Will take place Saturday, April 5 residents may sign up online at www.KentWA.gov/LitterFreeEventRegistration. Information Only/No Motion Required The meeting was adjourned at 4:41 p.m. Cheryl Viseth Council Committee Recorder 5 PUBLIC WORKS DEPARTMENT Tim LaPorte, Public Works Director Phone: 253-856-5515 • Address: 220 Fourth Avenue S. N'147KENT Kent, WA. 98032-5895 WASHING-ON Date: February 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members Special PW Committee Meeting Date: March 17, 2014 From: Ron Green, Fleet Superintendent Greg Reed, Utility Superintendent Through: Dave Brock, P.E., Interim Operations Manager Subject: Interlocal Agreement with HGAC for Utility TV Inspection Truck Procurement Item - 2 MOTION: Move to recommend Council authorize the Mayor to sign an interlocal agreement with HGAC to facilitate the purchase of a TV Inspection Truck and associated software, hardware, cameras and training, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Public Works Operations needs to replace its sewer and storm line TV inspection truck, along with associated software, hardware and cameras in 2014. Over the past 17 years, the inspection truck has served its useful life and the equipment inside the truck has become obsolete. Nationwide, a number of local and state agencies utilize group contracting to receive the best prices on equipment. The Houston Galveston Area Council (HGAC) has developed a reliable list of vendors for TV inspection trucks and equipment that is widely used. HGAC is similar to the Washington State Interlocal Agreement which we use to purchase more typical vehicles and equipment. HGAC vendors have the equipment specifications we need to update our TV inspection equipment. The vendor selected from the HGAC list is CUES, which is a national company widely used throughout Puget Sound. CUES supplies and supports complete packages; inspection trucks, cameras, inspection equipment/training and equally as important, the functional hardware and software platforms we require. We have selected the HGAC inter-local contract as the basis of our purchasing agreement because of its flexibility to integrate components, and because. We deal directly with the vendor to achieve the best prices for the products and services rendered. This method has been reviewed and approved by our legal department, as it meets all state and local procurement requirements. BUDGET IMPACT: Approved - 2014 Budget Adjustment (Utility Funded) 1 6 This page intentionally left blank. 7 INTERLOCAL CONTRACT ILC V94Pff FOR COOPERATIVE PURCHASING No.: Pc,m =t Mmbcr assigned by H-GAC THIS INTERLOCAL CONTRACT("Contract'),made and entered into pursuant to the Texas lnterlocal Cooperation Act,Chapter 791,Texas Government Code(the"Act'),by and between the Houston-Galveston Area Council,hereinafter referred to as"H-GAC," having its principal place of business at 3555 Timmons Lane, Suite 120,Houston,Texas 77027,and *City of Kent , a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and set-vices,hereinafter referred to as"End User,"having its principal place of business at* 220 4th Avenue South, Kent Washington 98032-5895 WITNESSETH WHEREAS,H-GAC is a regional planting commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code;and WHEREAS, pursuant to the Act, H-GAC is authorized to contract with eligible entities to perform governmental functions and services,including the purchase of goods and services;and WHEREAS, in reliance on such authority,H-GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS,End User has represented that it is an eligible entityunder the Act,that its governing bodyhas authorized this Contract on *01/06/2014 (Date),and that it desires to contract with II-GAC on the terms set forth below; NOW,THEREFORE,H-GAC and the End User do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The End User represents and warrants to H-GAC that(1)it is eligible to contract with H-GAC under the Act because it is one of the following: a local government,as defined in the Act(a county,a municipality,a special district,or other political subdivision of the State of Texas or any other state),or a combination of two or more of those entities,a state agency(an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code,or a similar agency of another state),or a non-profit corporation created and operated to provide one ormore governmental functions and services,and(2)it possesses adequate legal authotityto enterinto this Contract. ARTICLE 2: APPLICABLE LAWS H-GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules,regulations,and ordinances and laws in effect oT promulgated during the term of this Contract. ARTICLE 3: WHOLE AGREEDIENT This Contract and any attachments,as provided herein,constitute the complete contract between the parties hereto,and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD 01/06/2014 The period of this Contract shall be for the balance of the fiscal year of the End User,which began • and ends* 12/31/2014 , This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H- GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. ARTICLE 5: SCOPE OF SERVICES The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H- GAC Cooperative Purchasing Program.End User will access the Program through IIGACBtm.eum and by submission of any duly executed purchase order, in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC. Ownership (title) to products purchased through H-GAC shall transfer directly from the contractor to the End User. (over) 8 ARTICLE 6: PAYMENTS H-GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and presentation of a properly documented invoice,the End User shall promptly,and in any case within thirty(30)days,pay H-GAC's contractor the full amount oftbe invoice.All payments for goods or services will be made from currentrevenues available to thepaying party. In no event shall H-GAC have any financial liability to the End User for any goods or services End User procures from an H- GAC conti actor. ARTICLE 7: CHANGES AND AMENDMENTS This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or deletions to the terms of this Contract which arc required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or regulation. H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES H-GAC or the EndUscr may cancel this Contract at any time upon thirty(30)days written notice by certified mail to the other party to this Contract. The obligations of the End User,including its obligation to pay H-GAC's contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract,until performed or discharged by the End User. ARTICLE 9: SEVERABILITY Allparties agree that should any provision of this Contract be determined to be invalid orunenforceable,such determination shall not affect any other term of this Contract,which shall continue in frill force and effect. ARTICLE 10: FORCE MAJEURE To the extent that either party to this Contract shall be wholly or partiallyprevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes,stoppage of labor,riot,fire,flood,acts of war,insurrection, accident,order of any court,act of God,or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance,in such event,the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed;provided,however,force majeure shall not excuse an obligation solely to pay funds. Determination of force majeure shall rest solely with H-GAC, ARTICLE 11: VENUE Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: -City of Kent Houston-Galveston Area Council Name of End User(local government,agency,a-non profit eotporatlon) 3555 Timmons lane,Suite 120,Houston,TX 77027 *220 4th Avenue, South By: Mailing Address Executive➢imctor *Kent WA 98032-5895 City State ZIP Code Arrest; Manager *By: Date: Signature of chief elected or appointed official *Suzette Cooke, Mayor 01/06/2014 Typed Name&Title of Signatory Date *Denotes required fields rm 03.111 *Request for Information 9 To expedite service,please complete the following blanks relevant to your agency's administrative/elective personnel and reharn the completed for to FT-CAC, Coot3erative Purchasin Pro rran P.O. Box 22777,Houston,TX 77227-2777. Name of End User Agency: City of Kent County Name: King (Municipality/Coiuity/DisU-ict/etc.) Mailing Address: 220 4th Ave., South Kent WA 98032-5895 (Street AddreSS/P.0. Box) (City) (State) (ZIP Code) Main Telephone Number: (253)856-5700 FAX Number: (253)856-6712 Physical Address: 220 4th Ave., South Kent WA 98032-5895 (Street Address, if different frown mailing address) (Ciii) (State) (ZIP Code) Web Site Address: www.kentwa.gov Official Contact: Ron Green Title: Fleet Superintendent (Point of Contact far HGACBuy Ltterlocal Contract) Ph No.: (253)856-5680 _ Mailing Address: 5821 South 240th Street Fx No. :(253)856-6600 _ (Street Address/P.O.Box) E-Mail Address: Rgreen@kentwa.gov Kent WA 98032 (City) (State) (ZIP Code) Authorized Official: Suzette Cooke Title: Mayor (Mayor/City Manager/Executive Director etc) Ph No.: (253)856-6700 _ Mailing Address: 220 4th Ave.South Fx No. :(253)856-6712 _ (SpvetAddresr/O.a Box) E-Mail Address: Scooke@kentwa.gov Kent WA 998032-5895 (City) (State) (ZIP Code) Official Contact: Title: (PurchasingAgent/Auditoretc) Ph No.: - Mailing Address: Fx No. : - (Sti'eetAddreSS/O.O.Box) E-Mail Address: (City) (State) (ZIP Code) Official Contact: Tim LaPorte Title: Public WorkS Director (Public Works Director/Police Chief etc) Ph No.: (253)856-5500 _ Mailing Address: 220 4th Ave.South Fx No. :(253)856-6500 _ (Street Address/O.O.Box) E-Mail Address: Tlaporte@kentwa.gov Kent WA 98032-5895 (City) (State) (ZIP Code) Official Contact: Title: (F.MS Director/Fire Chief etc) Ph No.: - Mailing Address: Fx No. (Street Addrers/O.0.Box) E-Mail Address: (City) (State) (ZIP Code) * denotes required fields 10 This page intentionally left blank. 1 Agreement Number: DES Use Only MASTER CONTRACT USAGE AGREEMENT This Master Contract Usage Agreement (the "Agreement") is made pursuant to Chapter 39.34 of the Revised Code of Washington, and other applicable laws, by and between the state of Washington(the "State"), acting by and through the Department of Enterprise Services ("DES"), an agency of the State, and Entity Nanie a state agency, or local or federal agency or entity, or public benefit nonprofit corporation, or any tribe located in the State (`Buyer"). 1. Propose: The purpose of the Agreement is to establish the terms and conditions for when Buyer purchases or acquires goods and services for its direct use under contracts entered into by DES that permit such use ("Master Contracts"). 2, Duration: This Agreement will become effective on date of execution, and will continue in full force and effect until thirty(30) days following receipt of written notice from either party cancelling this Agreement. 3. Agreement Contact Information: Contact person to whom contract documents and related communications are to be mailed or faxed. Organization Name: Tax Identification Number: Unified Business Identifier Required for Non-Profil: Contact Name: Title: Address: City: State: Zip: Phone Number: Email Address: 4. Cancellation of Afreement: This agreement can be terminated by either party upon 30 days written notice provided to DES at: Email to: mcua@des.wa.gov OR Mail to: WA Dept. of Enterprise Services Attn: ACCO P.O.Box 41409 Olympia, WA 98504-1409 5. Financial Responsibility: Buyer will deal directly with the Master Contract contractor, supplier, or service supplier("Contractor") for any purchases Buyer makes pursuant to this Agreement and under a Master Contract. DES does not accept any responsibility, financial or otherwise, for any purchase Buyer makes under a Master Contract. 1 z Agreement Number: DES Use Only 6. Compliance with Other Laws: Each of the parties will comply with all applicable federal, state, and local laws and regulations governing its own purchases. 7. Master Contract Audits: Buyer agrees to cooperate with DES, the Office of the State Auditor, federal officials, or any third party authorized by law,rule, regulation or contract,in any audit conducted by such party related to any Master Contract(s)that Buyer has made purchases from pursuant to this Agreement, including providing records related to any purchase from a Master Contract. In addition; Buyer agrees to provide,upon request from DES, documentation to confirm its eligibility to use Master Contracts. 8. Dispute Resolution: if there are any disputes between Buyer and a Contractor, Buyer agrees to (a)provide DES written notice of the nature of the dispute; and(b)unless otherwise provided in the Master Contract or as set forth below,work in good faith with the Contractor to resolve the dispute without the involvement of DES. DES may, upon request,review and assist in the resolution of a dispute, and if DES chooses to do so, the Buyer will cooperate with DES in that resolution process. In its sole discretion,DES may,but is not obligated to,upon written notice to Buyer, resolve disputes with a Contractor on behalf of Buyer and all other state, local, and federal agencies, local governments, and public benefit nonprofit corporations with similar or related disputes with such Contractor. 9. No Separate Entity: No separate legal or administrative entity is intended to be created by, or for the administration of, this Agreement. 10. Hold Harmless: Each party agrees to defend, indemnify, and hold the other party harmless from any claim arising from such party's sale negligent, reeldess, or willfid misconduct. 11. Entire Agreement: This Agreement sets forth the entire agreement between the parties, and supersedes any other prior written agreements between the parties, with respect to the subject matter hereof. IN WITNESS WHEREOF the parties having read this Agreement, agree to it in each and every particular, and have executed it below. APPROVED APPROVED WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES Entity Name Entity Name Signature Signature Farrell Presnell, Assistant Director Name/Title Name/Title Date Date 2 13 Specifications For: KENT, WA HI CUBE MOUNTED TV INSPECTION TRUCK 1 CHEVROLET EXPRESS COMMERCIAL CUTAWAY DIESEL CG33903 RWD 4500 1 Duramax 6.6L V8 Turbo Diesel Engine 1 6-Speed Heavy Duty Automatic Transmission, electronic control with overdrive and tow/haul mode 1 3.73 Axle Ratio 1 13,980 lb GVW R 1 177"Wheel Base 1 Standard Driver/Passenger Seats with Seatbelts and Sun Visors 1 12-Volt Light in Cab Area 1 Cab Air Conditioner 1 AM /FM Radio 1 16' CARGO BOX WITH WALKTHRU 1 AeroCap with Walk Thru 1 2"X 6" Dense Pine Flooring 1 LED Light Package Includes Body Clearance and Stop/Tail/Turn 1 Rear Roll Up Door 2 Laminated Steel Lock 1 Kemlite Covering on Inside Rear Doors 1 Back Up Alarm 1 INSTALL CUSTOMER SUPPLIED ARROW BOARDS 1 ELECTRIC REAR AWNING FOR WEATHER PROTECTION AT REAR OF TRUCK—MODEL DOMETIC 9500 E 1 FLOOR MOUNTED PEDESTAL CRANE 1 BACK-UP CAMERA SYSTEM [CHASSIS] 1 TRUCK LIGHT PACKAGE TO INCLUDE: 2 Whelen M9AC 1 each mounted to upper right and left front corner of Van Body. Furnish and install a switch mounted in the cab within reach of the driver 2 Whelen WIONA lights mounted in front truck grille mounted as wide as practical. Furnish and install a switch mounted in the cab within reach of the driver 3 Whelen WIONA lights mounted on right and left bottom rail. 1 at front corner, 1 at rear corner and 1 centered between the two lights. Wired to the front grille lights and switch 1 Whelen M9AC mounted to rear of van body approx. 7 feet up from ground and mounted as wide as possible. Mounted to the van body front corner lights and switch 1 TA870L 72" wide arrow stick mounted above the rear door and centered on width of the van body. Controls for the arrow stick will be mounted in the cab within the driver's reach 1 SAFE ENTRY/EXIT BUMPER 14 1 Three (3) Steps Evenly Spaced 1 Bottom Steps Fold Up for Ground Clearance 1 One (1) Fold- Away Safety Grab Handles 1 TRANSPORTERICAMERA LOCKABLE STORAGE COMPARTMENT WITH NOTCH IN REAR DOOR THRESHOLD OF BODY FOR TV CABLE TO PASS THROUGH TO TRANSPORTER STORAGE DRAWER 1 Lockable Storage Compartment for Camera and Transporter 1 Sliding Drawer 1 Notch in rear door threshold of body for TV cable to pass through to transporter storage drawer 1 1 DRAWER ALUMINUM STORAGE 1 LOCKABLE METAL STORAGE CABINET MOUNTED UNDER CHASSIS 1 BULKHEAD WALL BETWEEN CAB AND CONTROL ROOM 1 Door 1 TV HIGH CUBE VAN EXTERIOR LIGHTING &CONTROL ROOM TO INCLUDE: 2 Adjustable LED Floodlights Rear of Vehicle Area Illumination Control Room Interior—EVO 3.0: 1 Lonseal Lonplate Flooring 1 Kemlite Wall &Ceiling Covering 1 Bulkhead Wall With Passage Door From Control Room to Equipment Room 1 Tinted Viewing Window in Bulkhead Wall 1 Tinted Viewing Window in Bulkhead Door 1 Above Desk Control Console with Rack Mount for Electronic Equipment 1 Desktop/Work Area 1 12 V High Intensity LED Light Fixture 2 Electrical Outlet with Dual Receptacles 1 Fire Extinguisher with Bracket, 10BC Rating 1 Operators Chair, Swivel With Casters 1 Breaker Box Storage Area with Locking Positive Latch 1 CARBON MONOXIDE DETECTOR MOUNTED IN INTERIOR OF UNIT 1 ROOF TOP AIR CONDITIONER, 13,500 BTU WITH HEAT STRIP 1 WALL MOUNTED ELECTRIC HEATER 1 BENCH SEAT IN CONTROL ROOM 1 TV HI-CUBE VAN EQUIPMENT ROOM INTERIOR TO INCLUDE: 1 Kemlite Wall &Ceiling Covering 1 Electrical Outlet with Dual Receptacles 1 12 V High Intensity LED Light Fixture 1 15 Minute Courtesy Timer Located at Rear Door Area for 12V Led Interior Lights 1 LED AMBIENT LIGHTING PACKAGE 1 LONSEAL LONPLATE FLOORING IN EQUIPMENT ROOM 1 20-GALLON WASHDOWN SYSTEM TO INCLUDE: 1 20-Gallon Fresh Water Tank 1 Electric Water Pump 1 Retractable Hose Reel with 25'Water Hose and Nozzle 1 UPPER AND LOWER STORAGE CABINET IN EQUIPMENT ROOM 1 Lower Storage Cabinet/Work Top with Sink and Faucet 1 Upper Wall Mounted Storage Cabinet 1 OUTLET OVER WORKTOP 15 1 PORTABLE AIR COMPRESSOR 1 Electric Air Compressor 1 Air Tank 1 RETRACTABLE AIR HOSE REEL WITH 25' AIR HOSE,AND CHUCK 1 32" REAR FLAT SCREEN MONITOR MOUNTED IN BULKHEAD WALL 1 Flat Screen Monitor 1 Cable Assembly- Video Monitor to Monitor in Control Room 1 Electrical Outlet 1 7500 WATT QUIET DIESEL ONAN GENERATOR 1 120 Volt 60 HZ 7500 Watt (Minimum) Commercial Grade"Quiet"Generator 1 Diesel Powered 1 Electric Start 1 GENERATOR COMPARTMENT[UNDER CHASSIS MOUNT] 1 Generator Remote Start/Stop Cable Assemble 1 Generator Storage Compartment with Lockable External Access Door with slide out rails 1 Commercial Power Supply Receptacle, 25' Cord, and Plug 1 Electrical Supply Center with Circuit Breaker Box 1 Commercial power and Generator Power Connectors 1 Automatic Power Transfer Switch 1 DIGITAL ENGINEERING PANEL 1 Voltage Readout, Power Supply 1 Hertz Readout, Power Supply 1 Generator Hour Readout 1 Remote Generator Start/Stop Control Switch 2 P&T ZOOM III M/C SONDE INCLINOMETER CAMERA 1 Solid State Color Sewer TV Camera 1 Pan &Rotate Camera Head, 40:1 Zoom Ratio, 1 Ox Optical Zoom, 4x Digital Zoom 1 NTSC Color Standard with 4x Light Integration 1 Camera Lighting System for 6"through 72" lines 1 Built In Pipe Grade Verification System [Inclinometer]to Read and Transmit Pipe Grade Data 1 [+/-5 Degrees [+/-8.7% Grade]with Maximum Error of+/-0.1 Degrees] 1 Built In Transmitter, 512 Hz 1 Camera Transportation and Storage Case 1 BRASS COMP STEERABLE CAM TRANS,WHEELED 1 Steerable Unit Designed to Turn 360 Degrees Within Its Own Radius 1 Two (2) Speed Transmission to Maximize Torque in Large Diameter Pipe with: 1 Manual Shifter on Camera Carrier 1 Unit Shall Have Forward, Free Wheel, and Power Reverse 1 Set of Driven Rubber Wheels to Inspect 6" Pipe 1 All Six (6)Wheel Drive Transporter Assembly to Include: 1 Motor&Enclosed Drive Train 1 Tip Up Rear 12-Pin Connector 1 8" RUBBER WHEEL KIT FOR COMPACT TRANSPORTER 1 10-15" RUBBER WHEEL KIT FOR COMPACT TRANSPORTER 1 ELECTRIC CAMERA LIFT FOR COMPACT TRANSPORTER 16 1 KIT,TIRE,PNEUMATIC,12" -15" PIPE, COMPACT TRANSPORTER 1 REAR-VIEW CAMERA FOR STEERABLE TRANSPORTER 1 Color NTSC Camera 1 Lightring with (12) Solid State White LEDs 1 SELF-PROPELLED CAMERA TRANSPORTER, TRAC DRIVEN,WITH ABILITY TO ADD WHEELS TO INCLUDE: 1 For 6" Pipe Sizes with Free Wheel and Powered Reverse 1 Built In 6-Pin Receptacle for Direct Insertion of the Camera 1 Protective Housing for Optical Zoom Camera Pan&Tilt with Locking Feature 1 7 Handle for Quick Removal/ Insertion of Optical Zoom Pan &Tilt Camera 1 SPARE PARTS KIT FOR TRAC TRANSPORTER TO INCLUDE: 1 Additional Chain Links And Rubber Cleats 1 7"-15" EXTENDERS FOR COMPACT TRAC TRANSPORTER 1 STEERABLE CAMERA TRANSPORTER,WHEELED 1 Steerable Unit Designed to Turn 360 Degrees Within Its Own Radius 1 Two (2) Speed Transmission to Maximize Torque in Large Diameter Pipe 1 Unit Shall Have Forward, Free Wheel, and Power Reverse 1 Set of Six (6) Driven Rubber Wheels to Inspect 8" Pipe 1 All Six (6)Wheel Drive Transporter Assembly to Include: 1 Motor&Enclosed Drive Train 1 Tip Up Rear 12-Pin Connector 1 Transporter Control Unit 1 10" - 15" TIRE KIT TO INCLUDE: 6 10"- 15"Tire 6 Outer Hub 4 KNOBBY TIRE 18" -60" 1 ELECTRIC CAMERA LIFT FOR STEERABLE PIPE RANGER 1 PAN &TILT III W/SONDE AND LIFT ADAPTER TUBE KIT FOR WHEELED TRANSPORTER 1 1800' CABLE ASSEMBLY, M/C 12PIN METAL 1 1800' Gold Multi Conductor Kevlar Fiber Armored Combination TV Transmission/Tow Cable 1 .450 Diameter 1 Metal Splice Chamber with Pigtail 1 Cable Strain Relief 1 TV REEL ASSEMBLY, MECHANICAL FOOTAGE FOR SUMMIT.450 CABLE W/AUTO PAYOUT 1 Black Thermoplastic Powder Coated Frame 1 Power Levelwind & Multi Ratio Manual Transmission 1 Automatic Cable Payout System 1 Footage Meter with Local Counter and Remote Electronic Counter 1 Transmission Control at Viewing Station 1 Local Reel Mount Electrical and Mechanical Control 1 Sealed Continuous Contact Collector Assembly 1 Removable Drip Pan for Cleaning 17 2 22" FLATSCREEN COLOR INDUSTRIAL TV MONITOR 1 PCU ASSEMBLY [RACK MOUNT] 1 CCU ASSEMBLY[RACK MOUNT] 1 Alpha Numeric Information Display, with Multi Paging and Defect Coding 1 Remote"QWERTY" Keyboard for Data Entry 1 On Screen Footage Display 1 WRC and PACP Codes 1 WIRED USB CONTROLLER 1 Joystick Control for Pan and Tilt Zoom Camera to Include: 1 360 Degree Rotate 1 330 Degree Optical Pan 1 Joystick Control for All Steering Functions&Forward/Reverse Directions for Transporter 1 Camera Lift Control for Optional Electronic Camera Lift 1 All Other Controls for Camera to Include: 1 Camera Iris and Focus Override&Zoom 1 Camera Lights &Shutter Control for Light Enhancement 1 Camera Diagnostics&Auto Home 1 Cruise Control to Set Speed of the Transporter for Hands Off Operation 1 All Reel Controls to Include: Retrieve, Release, and Variable Speed [Excluding Dolly Systems] 1 WIRELESS CONTROLLER 1 Joystick Control for Pan and Tilt Zoom Camera to Include: 1 360 Degree Rotate 1 330 Degree Optical Pan 1 Joystick Control for All Steering Functions &Forward/Reverse Directions for Transporter 1 Camera Lift Control for Optional Electronic Camera Lift 1 All Other Controls for Camera to Include: 1 Camera Iris and Focus Override&Zoom 1 Camera Lights &Shutter Control for Light Enhancement 1 Camera Diagnostics&Auto Home 1 Cruise Control to Set Speed of the Transporter for Hands Off Operation 1 All Reel Controls to Include: Retrieve, Release, and Variable Speed [Excluding Dolly Systems] 1 8.7" MINI KEYBOARD 1 CUSTOMER SUPPLIED GXP COMPUTER WITH KEYBOARD AND MOUSE WITH GRANITE XP SOFTWARE 1 HP OFFICEJET COLOR PRINTER 1 INCLINOMETER MODULE SOFTWARE 1 ESRI GIS MODULE SOFTWARE *Subject to prior confirmation between Customer IT Resource and Cues Software Development Division. 1 ARCGIS RUNTIME ENGINE SOFTWARE 1 UNIVERSAL SCORING MODULE SOFTWARE 2 DATA COLLECTION SYSTEMS IMPLEMENTATION ASSISTANCE WITH SOFTWARE is PROFESSIONAL VIA WEBEX PER DAY 1 RACK MOUNTED UPS 1 PATENTED**MAPPING STICK,WIRELESS GPS WITHOUT SOFTWARE 1 Modem, RF Package 1 Wireless GPS Receiver 1 Pole, 85, with Quick Release 1 Case, Watertight, Yellow 1 Mounting Bracket, Modem Enclosure 2 Rechargeable Battery *Subject to prior confirmation between Customer IT Resource and Cues Software Development Division. **U.S. Patent No. 7,889,124 1 GPS MODULE SOFTWARE 1 MANHOLE TOPROLLER ASSEMBLY, TV ONLY 1 MANHOLE ADAPTER CLAW HOOK 6 RETRIEVAL/DOWNHOLE POLE ASSEMBLY 1 INVERT ROLLER ASSEMBLY 1 RETRIEVAL HOOK 1 MULTI CONDUCTOR TV ONLY TOOL KIT 1 Milliampmeter Tool 1 Electrical Tape 1 Needle Nose Pliers 1 Six-In-One Screwdriver 1 6"Adjustable Wrench 1 Anti Seize Grease 1 9-Piece Allen Wrench kit 1 Solder Iron Kit 1 Industrial Pliers 1 5/32 T-Handle Hex Wrench 1 Multi Conductor TV Only Operation Manual 1 Parts Catalog 1 Cable Repair Kit DVD 1 TV Only Training DVD 1 TRAINING, ON-SITE(THREE DAYS) 1 TRUCK DELIVERY-WASHINGTON 19 This is a sample of Cues Municipal users in Pacific NW territory: 1. Seattle, WA 2. Vancouver, WA 3. Tacoma, WA 4. Bellevue, WA 5. Olympia, WA 6. Bellingham, WA 7. King County, WA 8. Thurston County, WA 9. Kitsap County, WA 10, Pierce County, WA 11. Clark Regional wastewater, WA 12, Oak Harbor, WA 13. Bremerton, WA 14. Aberdeen, WA 15. Walla Walla, WA 16. Centralia, WA 17. Chehalis, WA 18. Bainbridge Island, WA 19. Beacon Hills sewer,WA 20. Redmond, WA 21. Kent, WA 22. Monroe, WA 23. Alderwood Water district,WA 24. Arlington, WA 25. Bothell, WA 26, North Shore Utility Dist 27. Federal Way,WA 28. Cheney, WA 29. Colville, WA 30. Omak, WA 31. Edmonds, WA 32. Longview,WA 33. Enumclaw, WA 34. Kirkland, WA 35, Ellensburg, WA 36. Everett, WA 37. West Sound Utility District, WA 38, Lacey, WA 39. Shelton, WA 40. Midway Sewer district, WA 41. Mountlake Terrace,WA 42. Marysville, WA 43. Richland, WA 44. Sedro Woolley, WA 45. Snoqualmie Pass, WA 46. Snohomish, WA 20 This page intentionally left blank. 21 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: March 7, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 17, 2014 From: Toby Hallock, P.E., Environmental Engineer Through: Chad Bieren, P.E., City Engineer Subject: Russell Road Upper Levee - Interlocal Agreement with the King County Flood Control District Item - 3 Motion: Move to recommend Council authorize the Mayor to sign an Interlocal Agreement with the King County Flood Control District to receive reimbursement for improvements to the Russell Road Upper Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Interlocal Agreement (ILA) will allow the City to move ahead with construction of the South Reach Levee segment at the James Street/Russell Road Intersection using budgeted funds from the King County Flood Control District (District). Additional funds from the District will be necessary to construct the remaining Levee segment near the Lakes Community. Background: In July 2013, an ILA was executed with the District to construct the North Reach segment of the Russell Road Upper Levee, located near the Marina Pointe Home Owners Association (HOA) in the Lakes Community. The proposed ILA will supersede the previous agreement and will pay for construction of the James Street/Russell Road Intersection setback levee, and acquisition of property along the South Reach near the southwest portion of the Lakes Community. The District's budget for 2013 and 2014 is about $3.8 million for the project. Per the ILA, project costs in excess of this amount will require separate approval from the District. While the project will complete another portion of the Levee, construction of the remaining segments needed to meet federal levee safety standards can only be achieved through additional funding from the District. The ILA is written to allow construction of the remaining segments of the Levee once Districts funds are available. Page 1 of 2 zz Budget Impact: Under this agreement the City would be reimbursed up to $2,787,228 additional dollars, or a total of $3,787,228. The Flood Control District has funding set aside in its budget for the Russell Road Upper levee within the District's 6-year Capital Improvement Program. Page 2 of 2 23 AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE Russell Road Upper Levee—North Reach and South Reach River Mile 19.25 to 20.4, Right Bank THIS AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE ("Agreement") of the Russell Road Upper Levee — North Reach and South Reach, River Mile 19.25 to 20.4, Right Bank ("Levee") is entered into on the last date signed below by and between the Parties, the CITY OF KENT, a Washington municipal corporation ("City"), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-municipal corporation of the State of Washington ("District") (collectively, the 'Parties"). RECITALS A. King County, Washington, through the Water and Land Resources Division of the King County Department of Natural Resources and Parks ("WLRD"), as service provider to the District pursuant to an interlocal agreement with the District, operates and maintains a major portion of the Green River Levee System. B. The Russell Road Upper Levee — North Reach and South Reach ("Levee") is a key part of the Green River levee system. The District Board of Supervisors desires to improve the Levee by constructing a new secondary earthen levee described and shown in Exhibit A as part of a longer term plan for a setback levee in this area. The secondary levee project will hereafter be referred to as "Project" or "Levee Project". The Levee Project is planned for construction from 2013 through 2014. C. The District desires to authorize and the City desires to construct the Project as soon as possible, in order to provide for the safety of the residents and businesses that are protected by this levee. D. By Resolution FCD 2012-09.3, adopted on November 5, 2012 and FCD 2013- 14.3, adopted on November 12, 2013, the District Board of Supervisors determined that the flood control improvements included in that resolution generally contribute to the objectives of the District's comprehensive plan of development. hi those Resolutions, the District Board of Supervisors also approved funding for the North Reach Levee part of the Project and a portion of the South Reach Levee part of the Project. E. Consistent with Resolution FCD 2012-09.3, the Parties in July of 2013 entered into the "Agreement for Levee Construction, Operation and Maintenance, Russell Road Upper Levee-North Reach, River Mile 19.5 to 19.8, Right Bank" relating to the North Reach portion of 1 Russell Road Upper— North Reach and South Reach (Kent) 24 the Project ("North Reach Agreement"). The Parties have implemented in part the North Reach Agreement. F. The Parties desire to enter into this Agreement to establish the terms and conditions for the entire Levee Project, both North Reach and South Reach, and to amend and re- state the terms and conditions of the North Reach Agreement in this Agreement. G. The Parties desire to complete future additional improvements of the overall Russell Road Upper Levee in a setback alignment and the City agrees to work with the District and/or King County to convey any necessary easements for design or construction of or access to the Levee in the form of the standard River Protection Easement in Reference 8-P to the King County Surface Water Design Manual . These improvements shall include the upstream and downstream ends of this Project, where the District's eventual setback alignment is landward of the transition sections. AGREEMENT Based upon the foregoing,the Parties agree as follows: 1. Incorporation of Recitals Scope of Agreement. a. All recitals above are hereby incorporated and ratified as part of this Agreement. b. This Agreement establishes the terms and conditions for design, construction, installation, operation, maintenance and repair of improvements to the Levee, as that term is defined in the recitals above. This Agreement amends and replaces the "Agreement for Levee Construction, Operation and Maintenance, Russell Road Upper Levee-North Reach, River Mile 19.5 to 19.8, Right Bank" relating to the North Reach portion of the Project ("North Reach Agreement") executed by the Parties in July 2013, on the effective date of this Agreement. 2. Definition of District. Unless provided otherwise in this Agreement, the term "District"hereinafter also shall include WLRD in its capacity as service provider to the District. 3. Levee Design, Construction and Reimbursement. a. The City shall design, construct and install the improvements to the Levee Project described and depicted on Exhibit A, attached hereto and incorporated herein by reference in accordance with this Agreement, subject to the authorizations and restrictions in Exhibit A. In this Agreement, the term "Levee Project" or "Project" shall apply to both the North Reach and the South Reach, unless the term can and should apply only to a part of the Project or Levee Project, such as where only the South Reach is being designed. 2 Russell Road Upper— North Reach and South Reach (Kent) 25 b. The City shall obtain and be responsible for all necessary local, state, and federal permits and approvals for the Levee Project, and shall fully comply with all applicable requirements and conditions thereof. C. The Parties acknowledge and understand that at the effective date of this Agreement, all of the estimated cost of the North Reach portion of the Levee Project is included in the District's 2014-2019 Six-Year CIP, but that only a part of the estimated cost of the South Reach portion of the Levee Project is included in the District's 2014-2019 Six-Year CIP. The District reserves the right to terminate this Agreement, and the City shall immediately terminate work; provided, that until substantial completion of the Project, the District shall continue to accept and review City requests for reimbursement up to the amount of funds appropriated in an approved District budget or this Agreement. d. The City's cost and expense for the Levee Project improvements shall be reimbursed pursuant to the procedures, requirements and restrictions of paragraph 12 below. e. The City shall obtain and convey to the District or King County, as determined by the District, all necessary easements or property for design, construction of or access to the Levee Project, using the form of the standard River Protection Easement in Reference 8P to the King County Surface Water Design Manual, which includes an amendment that allowsthe City to proceed with any vegetation management work necessary for public safety without prior approval by the District or King County, or a River Protection Easement of an alternative form approved by the District. The necessary easements shall include a 15-foot maintenance/inspection easement along the landward side of the Levee Project. This maintenance/inspection easement is not required for construction and may be conveyed following completion of construction of the Levee Project. 4. Levee Inspection, Maintenance, Operation and Repair Standards. The District shall inspect, operate, maintain and repair the Levee in accordance with this Agreement, which includes Exhibit B, attached hereto and incorporated herein by reference, and with District general standards, requirements and policies for operation, maintenance and repair of Green River levees, as these are determined and applied by the District, provided that the District shall not be obligated to operate, maintain and repair the Levee if FEMA does not approve a risk- based approach to operation, maintenance and repair of the Levee. 5. District Review of Levee Plans and CLOMR Applications. The City shall provide to the District a schedule of the material and significant events and actions for design and bidding of the Project, which events and actions shall include, but not be limited to, three design stages and the invitation to bid. The City shall submit plans and specifications for each of these three design stages to the District for review and comment. At least thirty(30) days before advertising an invitation to bid, the City shall submit to the District for review and comment the plans, specifications and requirements of the invitation to bid and the application (with 3 Russell Road Upper— North Reach and South Reach (Kent) 26 attachments and exhibits) for a FEMA Conditional Letter of Map Revision ("CLOMR"). The District shall submit any comments within thirty (30) days of receipt of the documents. 6. Additional Activities. The District will provide enhanced monitoring of the Levee through slope stability instrumentation. 7. District Inspections. The District shall have the right to inspect the City's construction of the Levee Project. 8. Contracts for Levee Work. Upon execution of a contract for construction of the Levee Project,the City shall send a copy of the contract to the District. 9. Record Drawings: Retention and Review of Documents. The City shall submit to the District record drawings for the Project, in a form and with detail required by the District. The City agrees to maintain documentation of all planning, design, construction and inspection of the Project sufficient to meet state audit standards for a capital project, recognizing that the costs of the Project are paid for in whole or in part by the City and the District. The City agrees to maintain any additional documentation that is requested by the District. City contracts and internal documents shall be made available to the District for review and/or independent audit upon request. 10. Access; Special Use Permit. To the extent that the District's or King County's property interests require and allow, the City shall follow the District and/or King County processes for obtaining, as applicable, special use permits, consistent with King County special use permit procedures and standards, and shall obtain such permits for any City access to and construction and inspection work on the Levee. The District shall waive any applicable bond requirements. If Levee Project work involves access to and use of real property for which neither the District nor King County has real property interests or rights, the City shall be responsible for obtaining real property rights sufficient for City access to and construction and inspection of such Levee Project work, and District and WLRD access to and maintenance, operation and repair of the Levee. 11. District Costs and Expenses. The District's budgets for 2013 and 2014 include $3,787,228 for the Levee Project as described and depicted in Exhibit A. The Project costs shall not exceed this amount without amendment of the District's 2014 budget or approval of such amount in a future annual District budget.. The total cost to the District of the Project is estimated by the City to be $6,000,000. The City acknowledges and understands that only a part of the South Reach portion of the Levee Project is included in Exhibit A, and that the District has not appropriated funds to complete the South Reach portion of the Levee Project. The City agrees to accept the consequences and risks of moving forward with a part of the South Reach portion of the Levee Project without full funding from the District of the South Reach 12. Reimbursement of City Expenditures. 4 Russell Road Upper— North Reach and South Reach (Kent) 27 a. No more than once a month, the City shall submit requests for reimbursement of City costs and expenses incurred on or after July 8, 2013 for right-of-way acquisition, construction and inspection of the Project. The requests shall be in a form and shall contain information and data as is required by the District. b. The District shall review the requests to confirm that they are reimbursable and payable under this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request in order to determine whether they are reimbursable and payable under this Agreement. The District shall forward the approved reimbursement to the City within forty-five (45) days of the City request. C. The District may postpone review of a City request for reimbursement where all or any part of the request is inaccurate or incomplete. The District shall notify the City of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City shall provide the requested information or data within thirty (30) days of the request for such information or data. If the request is still inaccurate or incomplete in the opinion of the District, the dispute shall be resolved in accordance with paragraph 21 below. After resolution of the dispute, the District shall provide reimbursement as provided in this paragraph 12. 13. Levee Warranty. The City shall warrant the materials, work and function of the Project for five (5) years after the City's acceptance of construction of the Project, or any discrete and separate portion thereof. 14. Compliance with Laws and Regulations. The City shall be responsible for compliance with all applicable laws and regulations, and obtaining all required permits, approvals and licenses in connection with the Project. 15. Impact on Other Reaches or Segments. The District and the City agree that the improvements to the Levee under this Agreement shall not have a detrimental effect on other segments or reaches of the Green River levee system. The improvements to the Levee shall be deemed not to have such a detrimental effect where the improvements fully protect the conveyance capacity and storage volume of the floodplain during base flood (100-year flood) conditions, as demonstrated by compliance with King County flood hazard regulations, which are Sections 21A.24.230 through 21A.24.260 of the King County Code. 16. Duration Effective Date. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect until the Levee Warranty expires. 17 Third Parties. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability to the City, the 5 Russell Road Upper— North Reach and South Reach (Kent) 2s District and/or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW, or as otherwise granted or provided for by law. 18. Liens and Encumbrances. The City acknowledges and agrees that it will not cause or allow any lien or encumbrance arising from or related to the Levee work authorized by this Agreement to be placed upon the real property interests of King County and the District. If such lien or encumbrance is so placed, King County and the District shall have the right to remove such lien and charge back the costs of such removal to the City. 19. Indemnification. To the maximum extent permitted by law, the City shall defend, indemnify and hold harmless the District and King County, and all of their officials, employees, principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of, or as a consequence of, the design and construction of the improvements to the Levee under this Agreement. As to all other obligations under this Agreement, to the maximum extent permitted by law, each Party shall defend, indemnify and hold harmless the other Party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the District or its contractors, employees, agents, or representatives, and the City or its contractor or employees, agents, or representatives, each Party's obligation hereunder applies only to the extent of the negligence of such Party or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to the City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. This waiver has been mutually negotiated. 20. Insurance. Each Party recognizes that the other is self-insured and accepts such coverage for liability arising under this Agreement. Should any Party choose not to self-insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 6 Russell Road Upper— North Reach and South Reach (Kent) 29 21. Dispute Resolution. The Parties will seek to resolve any disputes under this Agreement as follows: a. For disputes involving cost reimbursements or payments, as provided for in paragraph 12 above, submittal of all relevant information and data to an independent Certified Public Accountant and/or a Construction Claims Consultant, if agreed upon by the Parties, for a non-binding opinion as to the responsibility. b. If the foregoing does not result in resolution and for all other disputes, the Parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for King County, Washington. C. Each Party will be responsible for its own costs and attorney's fees in connection with the dispute resolution provisions of this paragraph 21. 22. Trail Design. The City shall permit, design, and construct replacement of the trail to meet King County Parks regional trail standards. The City shall submit plans to King County Parks for review coincident with District plan review at each design phase. 23. Entire Agreement Amendment. This Agreement, together with its Exhibits A and B, represents a full recitation of the rights and responsibilities of the Parties and may be modified only in writing and upon the consent of both Parties. Should any conflict exist between the terms of this Agreement and the terms of the Exhibits, this Agreement shall control. 24. Binding Nature. The rights and duties contained in this Agreement shall inure to the benefit of and are binding upon the Parties and their respective successors in interest and assigns.25. Notices, Communications and Documents. Unless applicable law requires a different method of giving notice, any and all notices, demands or other communications required or desired to be given hereunder by either Party (collectively, "notices") shall be in writing and shall be validly given or made to the other Party if delivered either personally or by Federal Express or other overnight delivery service of recognized standing, or if deposited in the United States Mail, certified, registered, or express mail with postage prepaid, or if sent by facsimile transmission with electronic confirmation. If such notice is personally delivered, it shall be conclusively deemed given at the time of such delivery. If such notice is delivered by Federal Express or other overnight delivery service of recognized standing, it shall be deemed given one (1) business day after the deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall be deemed given three (3) business days after the deposit thereof in the United States Mail. If such notice is sent by facsimile transmission, it shall be deemed given at the time of the sender's receipt of electronic confirmation. Each such notice shall be deemed given only if properly addressed to the Party to whom such notice is to be given as follows: 7 Russell Road Upper— North Reach and South Reach (Kent) 30 To City: Phone: ( ) Email: Fax: ( ) To District Phone: ( ) Email: Fax: ( ) Any Party may change its address for the purpose of receiving notices as herein provided by a written notice given in the manner aforesaid to the other Party. 26. Authority. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. CITY OF KENT KING COUNTY FLOOD CONTROL ZONE DISTRICT By: By: Suzette Cooke Its: Mayor Its: Board Chair DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: 8 Russell Road Upper— North Reach and South Reach (Kent) 31 By: By: City Attorney Legal Counsel 9 Russell Road Upper— North Reach and South Reach (Kent) 32 EXHIBIT A Description of the Russell Road Upper Levee- North Reach and South Reach Project The Russell Road Upper Levee is located along the right bank(easterly side) of the Green River between River Mile 19.25 and 20.4, which is approximately from S 231st Way to the Riverbend Golf Complex (see Figure 1). The Russell Road Upper Levee , which includes the North Reach and South Reach, protects properties within the cities of Kent, Tukwila and Renton. Multi- family residences and single family residences,the City's Maintenance Operations Facility, Russell Woods Park, Neely-Soames Historic Homestead and Riverbend Golf Complex are located adjacent to the Levee. The North Reach, approximately 1,190 linear feet, does not meet slope and stability requirements and needs improvement to meet FEMA accreditation standards. This section of Levee is located between RM 19.5 and 19.8. This section of Levee is on the outside of a sharp bend in the river and has indications of minor slumping of soils. The North Reach will provide a minimum of 3 feet of freeboard above the predicted 100-year flood event. The South Reach, approximately 1,800 lineal feet, does not meet slope and stability requirements and needs improvements to meet FEMA accreditation standards. This section of Levee is located between RM 20.1 to 20.4, which is located on a sharp outside bend in the river and has indications of minor slumping in the soils. The South Reach will provide greater than 3-feet of freeboard above the predicted 100-year flood event. District funds currently appropriated for the South Reach portion of the Project will allow acquisition of necessary properties and easements for the full length of the Russell Road Upper Levee along the Lakes Community,the City's Public Works Maintenance Operations Facility, Parks Maintenance Facility and Riverbend Golf Complex. District funds currently appropriated will also allow construction of the setback levee at West James Street and Russell Road. Additional District funds are required to construct the remaining improvements of the South Reach (starting north from West James Street and extending about 1,000 lineal feet along the Lakes Community) and to pave with asphalt the North Reach , which was not paved as part of the construction improvements of the North Reach in 2013. For both the North and South Reach, the Project will allow for future re-vegetation and habitat restoration work along the river between the ordinary high water line and the trail in areas where the Levee will be constructed. In areas where the Levees are installed, mid-slope terraced areas or benches may be constructed where feasible and native vegetation will be planted above the ordinary high water line as part of a future phase. 10 Russell Road Upper— North Reach and South Reach (Kent) 33 EXHIBIT B Levee Inspection, Maintenance, Operation and Repair 1. The District shall maintain and operate the Levee consistent with the District's Flood Hazard Management Plan Policy PROJ-6, Flood Protection Facility Design and Maintenance Objectives (or its successor) which states as follows: "[The District] should construct new flood protection facilities and maintain, repair or replace existing flood protection facilities in such a way as to: • Require minimal maintenance over the long term, • Ensure that flood or channel migration risks are not transferred to other sites, • Protect or enhance aquatic, riparian and other critical habitats, and • Protect or enhance multiple beneficial uses of flood hazard area." 2. Levee maintenance and operation shall be based on a risk-based analysis approach. If a risk-based approach is not acceptable to FEMA, and as a result FEMA fails to issue a CLOMR or LOMR for the Levee, the District shall not be obligated to operate and maintain the Levee. 3. The upper 1/3 of the riverward slope above the OHWM may be mowed and maintained in grass cover. 4. The Levee crest shall be maintained to provide for unimpeded vehicular access at all times, including access by heavy construction equipment and earth-hauling machinery. 5. The landward Levee slope may be mowed and maintained in grass cover. 6. The 15-foot maintenance access and inspection area along the landward Levee toe may be mowed and maintained in grass cover. 7. Upon acceptance of completed Levee construction by the District, the Levee, as constructed to these standards, shall be inspected by the District prior to leaf emergence each spring, at low-flow conditions in the late Summer or early Fall, prior to the onset of fall rains and seasonal high flows, and during and immediately following flood events at Phase III(9,000 cfs) or greater. 11 Russell Road Upper— North Reach and South Reach (Kent) 34 8. All structural features of the Levee shall be inspected by the District for deterioration or damage, including the presence of any slope erosion, washouts, slumping, slides, or sloughing, and any conditions noted shall be included in prioritization of District and/or King County maintenance and repair needs, and in performance of maintenance and repair actions at the earliest appropriate opportunity. 9. All vegetation on the levee slopes, benches, or along the lower embankment shall be inspected by the District for erosion of the riverward embankment in the root zone, and appropriate corrective action shall be taken where such conditions may be present. 10. The District and/or King County shall perform continuing levee patrols during all Phase III or greater flood events. 11. Damaged or impaired Levee conditions observed by the District during flood patrols shall be evaluated for emergency repair actions. 12. Any emergency repairs performed will be inspected by the District at the neat low-water period for evaluation of permanent repair needs or additional measures required to restore the function and integrity of all affected locations. 13. The District and/or King County shall prioritize repairs consistent with the adopted policies of the District's Flood Hazard Management Plan, or its successor. 14. The City shall be responsible for all local drainage inspections and maintenance. The District and King County shall not assume any responsibility for stormwater management activities. 12 Russell Road Upper— North Reach and South Reach (Kent) 35 FIGURE 1 H RM 19.0 a RM 19 25 VETERANS DR S 228 I H SY RM 19.5 ° -a.�► FORTH REACH o RM THE LA ES o 19.75 ..,� ®C�U�� o O + , ®l1TH REACH RM 20. RMFcJ� _ o 1 —. zn_25 N o 0 --li �^ JAMES ST SENT ®PE .TI®NS jl KENT va RM 20.5 RUSSELL ROAD PARK KENT R@VERBERD GOLF COMPLEX i - i RM 21.0 —ME K R ST LLLLLJ LlH ® �'U ..� � RM 2x,® RUSSELL ROAD � �' UPPER LEVEE Yfne Ml AT.. CITY OF KENT SCALE NONE FlC�RE ENGINEERING DEPARYMENY UAiE 6ECEIIBER 107J G;\D2sign\09-3006 RUSSEL RU LEVEE\dwg\GRMICS\09-3007 HGURE l.tlwg,12/6/2019 1:18:27 PH 36 This page intentionally left blank. 37 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: February 13, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 17, 2014 From: Ken Langholz, Design Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Consultant Services Agreement with GEI Consultants, Inc. for Briscoe-Desimone Levee Reaches 2 & 3 Item — 4 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Contract with GEI Consultants, Inc. in an amount not to exceed $152,552 to provide engineering services for the Briscoe- Desimone Levee Reaches 2 & 3 project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Briscoe-Desimone Levee is located along the Green River between South 180th Street and South 200th Street. Reaches 2 & 3 of this levee are located within the city limits of Kent and provide flood protection for the cities of Kent, Tukwila and Renton. In 2011, the City, in conjunction with the King County Flood Control District (KCFCD), was successful in obtaining a $7 million grant from the Washington State Legislature to fund reconstruction of the Briscoe-Desimone Levee. In June 2013 the City entered into an Interlocal Agreement with the KCFCD which allocated an additional $11 million of District funds and assigned responsibility for design and construction of the project to the City of Kent. The City is continuing to pursue accreditation of the Briscoe-Desimone Levee from the Federal Emergency Management Agency (FEMA). As part of this accreditation effort, the City prepared a Conditional Letter of Map Revision (CLOMR) which identified 4 areas, or reaches, of the levee that do not meet current FEMA standards. These areas will be repaired utilizing sheet piles to construct a secondary floodwall. At the January 21, 2014 Council meeting, the construction contract for Reaches 2 & 3 was awarded to Tapani, Inc. Under this consultant services agreement, GEI will provide construction engineering support for Reaches 2 & 3. Budget Impact: This contract will be funded out of the $18 million which was allocated to the Briscoe-Desimone Levee project through an Interlocal Agreement with the KCFCD. 38 This page intentionally left blank. 39 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GEI Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GEI Consultants, Inc. organized under the laws of the State of California, located and doing business at 180 Grand Avenue, Suite 1410, Oakland, CA 94612, Phone: (510) 350-2900/Fax: (510) 350-2901, Contact: Alberto Pujol (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide engineering construction support for Reach 2 and 3 of the Briscoe-Desimone Levee Improvements Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by June 1, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Fifty Two Thousand, Five Hundred Fifty Two Dollars ($152,552.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 40 B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 41 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's willfully wrongful acts of negligent performance of this Agreement. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 42 authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 43 other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 3. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Alberto Pujol Timothy 3. LaPorte, P.E. GEI Consultants, Inc. City of Kent 180 Grand Ave., Suite 1410 220 Fourth Avenue South Oakland, CA 94612 Kent, WA 98032 (510) 350-2900 (telephone) (253) 856-5500 (telephone) (510) 350-2901 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GEI-Briscoe-0eslmone Levee 4/L ngholz CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) 44 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 45 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 46 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 47 EConsultants Glotld'-'al February 13,2014 P,nn nmCnM \team[Remv¢ce. Mr. Ken Langholz City of Kent Public Works Department 220 Fourth Avenue South Kent, WA 98032 Re: Scope and Cost estimate for Construction Phase Engineering Support Reach 2 and 3 Briscoe-Desimone Levee Improvements Dear Mr.Langholz: This letter presents our proposed scope and budget estimate for the Constriction Phase Engineering Support for the Reach 2 and 3 Briscoe-Desimone Levee Improvements. The proposed levee improvements in Reaches 2 and 3 consist of installing a sheet pile floodwall landward of the existing levee. The space between the sheet pile wall and the landward slope of the existing embankment will be filled, and the existing trail will be relocated on top of the fill. A reinforced concrete cap beam and barrier will be constructed on top of the sheet piles,and the exposed surface of the sheet piles above the landside finished grade will be painted. The upper portion of the riverbank slope will be excavated to create a flatter slope with a planting bench just above the ordinary high watermark along most of the design reach. Reach 2 is located between River Miles 15.44 and 15.57. Reach 3 is located between River Miles 15.98 and 16.36. We will work closely with the City and our proposed structural subconsultant Shearer Design LLC to provide engineering support during construction in regards to the following design elements: c Steel Sheet Piles o Construction Noise and Vibration Control Activities o Settlement Monitoring Activities o Concrete cap beam o Concrete barrier o Hand Railing o Deadman and Anchors '.. o Earthwork o Floodgate o Stairs o Retaining Walls Scope of Services We propose to perform the following scope of services: wwva.ye ieu nsuIton ts.com GEI Cevs.I ants,Inc. 180 Grnnd Ave,Suite 1410,Oakland,CA 94612 510.350.2900 fax 510.350.2901 48 i Mr. Ken Langholz 2 February 13, 2014 • Attend an early construction meeting to review the City's needs and expectations and meet project personnel. • Participate in select construction meetings by conference call. Participation will be limited to meetings where discussion of the following activities will be a significant topic of the meeting: o Pre-Construction Inspection Activities o Sheet Piles o Construction Noise and Vibration Control Activities o Settlement Monitoring Activities o Concrete cap beam o Concrete barrier o Hand Railing o Deadman and Anchors o Earthwork o Floodgate o Stairs o Retaining Walls • Support City in reviewing contractor submittals with significant engineering content, including contractor work plans and proposed materials for earthwork,sheet piles, construction noise and vibration monitoring, settlement monitoring, sheet piles, concrete cap beam and barrier,retaining walls, stairs,hand railing, deadman and anchors, earthwork and floodgate, • Review material certificates and QC and QA test reports for noise and vibration monitoring, settlement,fill,sheet piles, concrete and other items associated with the work outlined above, • Support City in reviewing and responding to RFI's that involve significant engineering content, • Participate onsite at the startup of the following construction activities: o Sheet Pile Installation Test Program o Sheet Pile Installation o Earthwork o Deadman and anchors o Concrete cap beam and barrier o Stair and Retaining wall construction The purpose of the onsite participation at the startup of these activities is to evaluate site conditions and construction procedures to confirm they are consistent with design assumptions. • Support City in reviewing change order requests if desired by the City • Support City with evaluation of contractor claims if needed • Perform design evaluations and prepare design modifications as required to conform design to conditions exposed during construction 49 Mr. Ken Langholz 3 February 13, 2014 • Assist the City in reviewing As-built Drawings prepared by the City or the Contractor as requested Materials testing, daily inspections, and other construction management duties are not included in this scope. We have assumed that they will be performed by the City's construction management personnel and an inspection/testing firm such as Jason Engineering. Schedule We are prepared to begin the work within two weeks of receiving a Notice to Proceed. We have assumed the following schedule: • Early construction meeting will occur in February or March 2014, • Sheet pile installation will occur between May and August 2014, • Earthwork activities will occur between June and September 2014, • Concrete cap beam and barrier installation will occur between July and October 2014, • Construction will be substantially complete by mid November 2014. Cost Estimate The proposed scope and level of effort are dependent on actual project duration, contractor activities,submittals,requests for information,and other items outside our control. For budgeting purposes, a preliminary breakdown of the estimated costs is included in the table below. We will not exceed the total estimated amount of$152,552 without your written authorization. Project ShearerI Staff: Engr. Nickerson Pujol GE] Labor GEI Direct Design Total Total Expenses Subcontract Rate: $122 $218 $246 Early Const. 4 2 $1,364 $3,878 $5,242 Meeting Conference 24 24 8 $10,128 $10,128 Calls Submittal 24 36 6 $12,252 $12,252 Review Review QA/QC Documentation 96 48 12 $25,128 $16,109 $41,237 Support RFI 12 40 6 $11,660 $13,515 $25,175 Response Const.t 64 24 6 $14,516 $7,200 $7,505 $29,221 Site V Support CO 2 4 2 $1,608 $1,608 Request Support Claims 2 4 2 $1,608 $1,608 Request Design Modifications 12 6 2 $3,264 $3,264 I Review lts 12 8 2 $3,700 $3,700 Project 24 8 $7,200 $11,918 $19,118 Management Subtotals $92,428 $7,200 $52,924 Suggested Budget $152,552 50 Mr. Ken Langholz 4 February 13, 2014 Conditions Our services will be provided in accordance with previously negotiated contract terms and conditions for the Briscoe-Desimone Levee. We will perform the above scope of work on a time and materials basis. Invoices will be submitted monthly based on the service performed as of the end of each billing period. Closing Thank you for the opportunity to submit this scope and cost estimate. We look forward to continuing to work with you on this project. Please call meat 510-350-2908 or Jim Nickerson at 781-712-4023 if you have any questions. Sincerely, GET CONSULTANTS,INC. W Alberto Pujol, P.E. Vice President,Project Manager Attachments: Shearer Design Letter of Scope C: Jim Nickerson i it I 51 Ell SHEARER DEstoN LLG. SHEARER DESIGN iteso Bridge Design, Construction Engineering and Infrastructure Aesthetics 3613 Phinney Ave N#3 Seattle,WA 98103 (206)781-7830 January 24, 2014 GEI Consultants, Inc. 180 Grand Avenue, Suite 1410 Oakland, CA 94612 Subject: Kent Briscoe-Desimone Levee Improvements Construction Support i Attn: Alberto Pujol, P.E., G.E. and Jim Nickerson P.E. Dear Jim; We are happy to provide continued engineering services for the Kent Briscoe-Desimone Levee Improvement Project. This attached scope pertains to Construction Support for Levee Reaches 2& 3. As discussed I believe the best way we can support the project is in the following areas: Task 1.1 Pre-Construction Meeting This task will cover the review of the current bid documents and attendance at the pre- construction meeting. Task 1.2 RFI &Shop Drawings Under this task we will review and comment on project submitted shop drawings and request for information (RFI) from the Contractor that pertain to drawings prepared by Shearer Design in the bid set. Areas Covered • Stairs • Retaining Wall • Railing • Materials Task 1.3 Routine Inspections This task will cover onsite inspections for compliance with the bid documents or for construction problem solving. Areas Covered • Stairs • Cap Beam • General Sheet Pile to support GEI 11SHEARERSERVER\D-Ddve\ADMIN\Job Contracts\C-0219 Kent Levee\Contract\0219 scope 5 Construction Support.docx 52 ER N LLC. SHEARER DESIGN I1p� B 9 EngineeringInfrastructure 3613 Phinney Ave N#3 Le Bridge Design, Construction En inneeee,iinn` and Infrfi�cart e,Aesthetics th 03 (206)781-7830 Task 1.4 Monitoring Program Q.C. This task will cover review of the Contractors "Construction monitoring program"for compliance with the project bid documents. Areas Covered • Verification of instrumentation placement • Periodic Inspection Areas Not Covered • Review of Monitoring Plan for compliance with bid documents • Pre- Construction Building Condition Verification Task 1.5 Administration This task will cover the general project coordination and project meeting points. Included will be: • Conference calls with GEI to discuss the project progress. • Communicate periodically through the advancement of the construction to discuss any interim results, challenges and directions. Items not included in this proposal. Full time onsite inspection (Assumed to be City of Kent). Materials testing services. Please see the enclosed spreadsheet for a summary of our estimated cost& hours for this phase of the project. We look forward to working with you again on this project. If you have any questions please feel free to call. Sincerely, D,_ » David R. Shearer S.E. Principal SHEARER DESIGN 11SHEARERSERVERID-Drive1ADMIN\Job Contracts\C-0219 Kent Levee%Contract10219 Scope 5 Construction Support.docx �I 53 m �a M E I w I y w w O - - `g+ c c o E f- W N W m y N o 3 qo N N R - z ° - o a — o00 Qo 2a N �.mna w O d E � voEq M vNg V. of tONOpW ro < VI.4' N [mONC Vi N g I .0 cujt W C I N O N J UNm � N N C N > N at lly ac m y a 7i y a N 2 u N U o > c K K12o U 2 � E U U =U C O rv � l N m o mE m m = a 0 s Lq Ll YN N R 54 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A„ Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City, King County and the King County Flood Control District shall be named as an Additional Insureds under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City, the District and the County. All endorsements adding Additional Insureds shall be issued on form CG 20 10 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. + 4. Professional Liability (Errors & Omissions) insurance appropriate to the Consultant's profession. 55 EXHIBIT C (Continued) B. I14iiiniiirmuirn Airnoanirnts of :Unsanrairnce Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of at least $2,000,000 per accident. 3. Professional Liability (Errors & Omissions) insurance shall be written with limits no less than $5,000,000 per claim and $5,000,000 policy aggregate limit. C. Othier :I:irnsanrairnce IProviisiioins The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent, King County Flood District and King County shall be named as an additional insureds on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 56 EXHIBIT C (Continued) D. Coimbra tor's :Unsuiiraim a for OtIheir ILosses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Suulbirog atiioin The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. IF., Accelptalbillity of ;I;un uair it Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. V iriiffiic atiioin of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Suulbc untiractoir Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 57 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: March 7, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 17, 2014 From: Paul Kuehne, Construction Management Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Consultant Services Agreement with Jason Engineering and Consulting Business, Inc. - Materials Testing & Inspection Briscoe-Desimone Levee Reaches 2 & 3 Item - 5 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Jason Engineering and Consulting Business, Inc., in an amount not to exceed $97,870 for materials testing and inspection services related to the Briscoe-Desimone Levee Reaches 2 & 3 project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The Briscoe-Desimone Levee is located along the Green River between S. 180th St. and S. 200th St. The levee floodwall will consist of driven sheet piles and reinforced concrete and will be approximately 3,200 feet long. This project will also include asphalt pavement for levee trail and parking lot reconstruction and two cement concrete retaining walls. Sound Engineering practices dictate that aggregates, asphalt, and cement/concrete, be tested by a geotechnical laboratory to assure the construction materials meet contract specifications. This materials analysis requires a laboratory with certified testing equipment that the City does not own. Onsite nondestructive density and moisture content tests are also necessary for quality control and quality assurance. Jason Engineering and Consulting Business, Inc., has the appropriate certifications and expertise to perform these duties and was selected through a competitive process based upon their qualifications. City staff will perform all other construction inspection and construction management duties. Jason Engineering and Consulting Business is an Auburn firm. There are no equivalent firms within the City limits of Kent. Budget Impact: This contract will be funded out of the $18 million which was allocated to the Briscoe- Desimone Levee project through an Interlocal Agreement with the KCFCD. 58 This page intentionally left blank. 59 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Jason Engineering & Consulting Business, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jason Engineering & Consulting Business, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 181, Auburn, WA 98071, Phone: (206) 786-8645/Fax: (253) 833-7316, Contact: Jason Bell (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide special inspection services for the Briscoe-Desimone Levee Improvements Reach 2 and 3 Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nine Seven Thousand, Eight Hundred Seventy Dollars ($97,870.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 60 B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 61 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 62 authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 63 other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jason Bell Timothy J. LaPorte, P.E. Jason Engineering & Consulting Business, Inc. City of Kent PO Box 181 220 Fourth Avenue South Auburn, WA 98071 Kent, WA 98032 (206) 786-8645 (telephone) (253) 856-5500 (telephone) (253) 833-7316 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ]ECB-Briscoe-0eslmone/Kuehn CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 64 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 65 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 66 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 i 67 Jason Geotechnical Engineering Date; 02-22-2014 \ Engineering& Retaining Wall/Pavement Design Project:Briscoe-Desimone Consulting Construction Management Levee,Kent#09-3010 Business,Inc. WABO/AASHTO Inspection&Testing Dille#: p14-015 Scope of Services, ExhibitA " Provide special inspection including density tests to confirm compaction and testing specification requirements for soils and asphalt, and concrete inspection and sampling. " Sample imported material to evaluate and confirm specification requirements according to current applicable standards. " Provide miscellaneous professional services related to this project as directed. " Provide to the owner within two hours of discovery, notification of failing test results related to materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's Representative. " Provide time sheets with each invoice that verify consultant employee(s), day, date and times worked, hourly rate, total per day, tests performed and test fees, and any other pertinent information required to verify invoiced charges. " Hourly rates include all test equipment for our services (there are no hidden extra costs involved). A Licensed P.E.reviews all reports. Reports are sent to all parties on the project distribution list. " The hourly rate is based upon portal-to-portal time. The hourly rates shown below are applicable for all work performed. There is a minimum charge of 2 hours for normal inspection and professional engineering services. (Weekends are minimum 4 hours) " An overtime rate of 1.5 times the hourly rate will be charge for all work in excess of the normal S hour working day,weekends,nights and legal holidays, " Equipment & materials will include equipment used by an inspector the field in the performance of normal inspection duties. We request a minimum of 24 hours notice for scheduling. 9- Liability is limited to invoiced amounts. sti No mileage is charged within Auburn and Kent City limits I I a' rin. Phone: (206)-786-8645 Email:Jason(Jlasonenginee b PO Box 181 Auburn WA.98071 68 Jason Geotechnical Engineering Date: 02-22-201.4 <" Engineering& Retaining Wall/Pavement Design Project:Briscoe-Desimone T 1 Consulting Construction Management Levee,Kent#09-3010 Business,Inc. WABO/AASITTO Inspection&Testing File#:p14 015 Schedule of Fees £d Services, Exhibit B j PROFESSIONAL SERVICES Qty. Unit Rate Total Est. Inspection TESC Supervisor 100 $50.00 per hour $5,000.00 Asphalt/Soils w/Densometer 750 $50.00 per hour $37,500,00 i Reinforced Concrete/Masonry 100 $50.00 per hour $5,000.00 Inspection Structural Steel/Welding $75.00 per hour $0.00 Administrative Services 120 $40.00 per hour $4,800.00 Construction Manager,Report review&Evaluation 600 $60.00 per hour $36,000.00 Staff Engineer/Geologist $75.00 per hour $0.00 Senior Geotechnical Engineer,PE 40 $95.00 per hour $3,800.00 LABORATORY SERVICES Unit Rate ASPI IALT,HMA Asphalt,Ignition&Gradation(AASJTTO T27,ASTM D2172) 2 $150.00 each $300.00 Asphalt,Rice Specific Gravity(ASTM D2041,AASHTO T245) 2 $85.00 each $170.00 CONCRETE Concrete,Cylinders Compression(ASTM C39) $18.00 each $0.00 SOILS/AGGREGATE X Soil,AtterbergLimits 5 $160.00 each $900,00 Soil,California Bearing Ratio (CBR) 1 $550.00 each $550.00 Soil,Clay lumps and Friable Particles (ASTM C142) $125.00 each $0.00 Soil,Fracture Count(ASTM D5821) 5 $75.00 each $375.00 Soil,Hydrometer 5 $160.00 each $800.00 Soil,Moisture Content $30.00 each $0.00 Soil,Organic Content $55.00 each $0.00 Soil,Permeability(Falling Head,ASTM D5084) $295.00 each $0.00 Soil,Proctor/Moisture-Density Relation(ASTM D1557,D698) 5 $150.00 each $750.00 Soil,Sand Equivalent'lest(ASTM D2419) 5 $75.00 each $375.00 Soil,Sieve Analysis of Fine and Coarse Aggregates(T27-06) 10 $125.00 each $1,250.00 Soil,Topsoil(ASTM D2974) 1 $400.00 each $400,00 Soil,Specific Gravity(ASTM D127/128/D854,coarse,fine) $80.00 each $0.00 OTIIER $0.00 Overtime, 1.5 times hourly rate 1.5 x hourly rate per hour Equipment&Materials Costs Cost+15% Estimated Project Total: $97,870.00 Phone: (206)-786-8645 Email:JasonCQjasonengineering.com PO Box 181 Auburn WA. 98071 69 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A„ Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate for each 1 year policy period. Stop Gap and Employer's Liability coverage shall be included. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City, King County and the King County Flood Control Zone District shall be named as Additional Insureds under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City, the District and the County. All endorsements adding Additional Insureds shall be issued on form CG 20 10 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability (Errors & Omissions) insurance appropriate to the Consultant's profession. 70 EXHIBIT C (Continued) B. I14iiiniiirmuirn Airnoanirnts of :Unsanrairnce Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate for each 1 year policy period. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of at least $1,000,000 per accident. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Othier :I:irnsanrairnce IProviisiioins The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent, King County Flood Control Zone District and King County shall be named as an additional insureds on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City, the Flood Control Zone District and King County as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 71 EXHIBIT C (Continued) D. Coimsulltaint's :Unsuiiraim a for OtIheir ILosses The Consultant shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Consultant's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Consultant, or the Consultant's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Sulbirogatioin The Consultant and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. IF., Accelptalbillity of ;I;un uair it Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. V iriiffiic atiioin of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Consultant before commencement of the work. H. SuIbcointiractoirs Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 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: March 13, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 17, 2014 From: Toby Hallock, P.E., Environmental Engineer Through: Chad Bieren, P.E., City Engineer Subject: Boeing Levee Ecosystem Restoration Project — Funding Transfer Item - 6 Motion: Move to recommend Council authorize the Mayor to transfer $100,000 from the Lake Meridian Outlet Ecosystem Restoration Project to the Boeing Levee Ecosystem Restoration Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The Corps of Engineers (Corps) needs additional funds to design the Boeing Levee Ecosystem Restoration Project (ERP). The additional funds will allow the City to achieve a design which meets a number of multi-objective goals, including salmon habitat restoration, recreational interest, flood risk reduction, and levee improvements, which then benefits the economic vitality of the valley. As the initial Design Agreement for the Boeing Levee ERP, signed in 2012, focused on the ecosystem portion of the project, additional funding is necessary to accommodate the other project goals. The additional funds for the Boeing Levee ERP are available from a previous contribution by the City to the Corps for the Lake Meridian Outlet ERP, which was constructed in 2012. The Corps has estimated that the City will be reimbursed $100,000 for its contribution into the project as the total project cost was lower than anticipated. City staff is requesting that these funds are transferred to the Boeing Levee ERP to complete a design that better fits our multi- objective goals for the City. Budget Impact: There will be no impact to the budget as the credits available from the Lake Meridian Outlet Project can be transferred to cover the additional cost of design. 74 This page intentionally left blank. 75 DEPARTMENT OF THE ARMY I' SEATTLE DISTRICT,CORPS OF ENGINEERS -� P.O. BOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO ATTENTION OF CENWS-PM-CP 03 February 2014 Toby Hallock Project Engineer City of Kent 400 West Gowe Street Kent, WA98032 Dear Mr. Hallock: In 2012 the City of Kent executed a Design Agreement with the U.S. Army Corps of Engineers for the design of the Duwamish-Green Mainstream Maintenance Boeing Restoration Project, a separable element of the Green/Duwamish Ecosystem Restoration Project. As outlined in the Design Agreement, total design costs were estimated at $600,000.00, with the Non-Federal share being $150,000.00 and the Federal share being $450,000.00. The total design costs included in the Design Agreement was the Corps' best estimate at the time the parties signed the Design Agreement. The new estimated design costs are $955,000 with the Non-Federal share being $238,750 and the Federal share being $716,250. The Corps has already received $130,000.00 from the City of Kent which in combination with the $20,000.00 sponsor in-kind estimate constitutes the City's 25% Non-Federal cost-share to complete the design of the project. Additional non Fed funds requested to complete design of the project are $100,000. Please review the attached design cost allocation breakdown. The Corps looks forward to continuing to work with the City of Kent on this important project. Please let me know if you any questions at(206) 316-3966. Sincerely, Gordon Thomson Project Manager cc: RM (Gapasin/Schmitz-Robinson) PM-PB (Swanson) PM-CP (Winkler) N-PL-FILE 76 This page intentionally left blank. 77 A � DESIGN AGREEMENT V"'1 BETWEEN THE DEPARTMENT OF TH&ARMY _ AND CITY OF KENT FOR DESIGN : (u f +' P FOR THE DUWAMISH/BOEING LEVEE ECOSYSTEM RESTORATION PROJECT THIS AGREEMENT is entered into this /1A day of �eGb� , by mid between the Department of the Andy (hereinafter the "Gove ent"), represented by the U.S. Army Engineer, Seattle District and City of Kent(hereinafter the "Non-Federal Sponsor"), represented by the Mayor of City of Kent. WITNESSETH, THAT: WHEREAS, Federal Construction, General funds for Fiscal Year 2003, included funds for the Government to initiate design of the Duwamish/Green River Basin Project for ecosystem restoration (hereinafter the"Parent Project") at Ding County, Washington; WHEREAS,the Government and the Non-Federal Sponsor desire to enter into an agreement(hereinafter the"Agreement") for the provision of design for the Duwamish/ Boeing Levee ecosystem restoration project (an element of the Parent Project and hereinafter the "Project", as defined in Article I.A. of this Agreement); WHEREAS, construction or implementation of the Project is authorized by Section 101(b) (26) of the Water Resources Development Act of 2000,Public Law 106- 541 in accordance with the plans, and subject to the conditions, recommended in a final report of the Chief of Engineers if a favorable report of the Chief is completed not later than December 31, 2000; and a favorable final report of the Chief was completed on December 29, 2000; WHEREAS, Section 105(c) of the Water Resources Development Act of 1986, Public Law 99-662 (33 U.S.C. 2215), provides that the costs of design of a water resources project shall be shared in the same percentage as the purposes of such project; WHEREAS, the Government and the Non-Federal Sponsor agree that, during the period of design, the Non-Federal Sponsor shall contribute 25 percent of total design costs and that, if a Project Partnership Agreement for construction of the Project is executed between the Government and a non-Federal interest, such non-Federal interest shall contribute any remaining portion of the non-Federal share of the costs of design in accordance with the provisions of such Project Partnership Agreement; 78 WHEREAS, the Government and Non-Federal Sponsor have the full authority and capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing of the Project in accordance with the terms of this Agreement; and WHEREAS,the Government and the Non-Federal Sponsor, in connection with this Agreement, desire to foster a partnering strategy and a working relationship between the Government and the Non-Federal Sponsor through a mutually developed formal strategy of commitment and communication embodied herein, which creates an environment where trust and teamwork prevent disputes, foster a cooperative bond between the Government and the Non-Federal Sponsor, and facilitate the successful design and implementation of the Project. NOW, TIIEREFORE,the Government and the Non-Federal Sponsor agree as follows: ARTICLE 1 -DEFINITIONS A. The term"Project" shall mean levee improvements including setting back the existing levee and habitat restoration along the right bank of the Green river from River Mile 17.1 to River Mile 18 as generally described in the final report of the Chief of Engineers dated December 29, 2000, and in the "Green/Duwamish River Basin Ecosystem Restoration Study, Final Feasibility Report," dated October 2000 and approved by the District Engineer, U.S. Army Corps of Engineers, Seattle District, on October 30, 2000, B. The term"total design costs" shall mean the sum of all costs incurred by the Non-Federal Sponsor and the Government in accordance with the teens of this Agreement directly related to design of the Project. Subject to the provisions of this Agreement,the term shall include, but is not necessarily limited to:the Government's costs of engineering and design, economic and environmental analyses, and evaluation performed after a feasibility report whether performed prior to or after the effective date of this Agreement that were not previously shared with a non-Federal interest pursuant to any other agreement; the Government's supervision and administration costs;the Non-Federal Sponsor's and the Government's costs of participation in the Design Coordination Team in accordance with Article III of this Agreement;the Government's costs of contract dispute settlements or awards; and the Non-Federal Sponsor's and the Government's costs of audit in accordance with Article VILB. and Article VII.C. of this Agreement. The term does not include any costs of betterments under Article iI.E. of this Agreement; any costs of dispute resolution under Article V of this Agreement; any costs incurred as part of reconnaissance studies for the Project; any costs incurred as part of feasibility studies under any other agreement for the Project; the Non-Federal Sponsor's costs of negotiating this Agreement; or any costs of negotiating a project partnership agreement for the Project or separable element thereof. C. The term`period of design" shall mean the time from the effective date of this Agreement to the date that a Project Partnership Agreement for construction of the 2 79 Project, or a separable element thereof, is executed between the Government and a non- Federal interest or the date that this Agreement is terminated in accordance with Article X of this Agreement, whichever is earlier. D. The tenor"financial obligations for design"shall mean the financial obligations of the Government that result or would result in costs that are or would be included in total design costs. E. The tenn"non-Federal proportionate share" shall mean the ratio of the Non- Federal Sponsor's total contribution of funds required by Article II.B.1. of this Agreement to financial obligations for design, as projected by the Government F. The terns "betterment" shall mean a difference in the design of an element of the Project that results from the application of standards that the Government determines exceed those that the Government would otherwise apply to the design of that element. The terns does not include any design for features not included in the Project as defined in paragraph A. of this Article. G. The term"Federal program funds' shall mean funds provided by a Federal agency, other than the Department of the Army, plus any non-Federal contribution required as a matching share therefor. H. The term "fiscal year"shall mean one year beginning on October 1 and ending on September 30. ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States (hereinafter the"Congress") and using those runds and funds provided by the Non-Federal Sponsor, expeditiously shall design the Project, applying those procedures usually applied to Federal projects, in accordance with Federal laws,regulations, and policies. 1. The Government shall not issue the solicitation for the first contract for design of the Project or commence design of the Project using the Government's own forces until the Non-Federal Sponsor has confinned in Nvriting its willingness to proceed with design of the Prroject. 2. To the extent possible, the Government shall design the Project in accordance with the Project Management Plan for the Project developed and updated as required by the Government after consultation with the Non-Federal Sponsor. 3. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on the solicitations for all contracts, including relevant scopes of work, 3 ' 80 prior to the Government's issuance of such solicitations. To the extent possible, the Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all proposed contract modifications, including change orders. In any instance where providing the Non-Federal Sponsor with notification of a contract modification is not possible prior to execution of the contract modification,the Government shall provide such notification in writing at the earliest date possible. To the extent possible, the Government also shall afford the Non-Federal Sponsor the opportunity to review and comment on all contract claims prior to resolution thereof The Government shall consider in good faith the comments of the Non-Federal Sponsor, but the contents of solicitations, award of contracts or commencement of design using the Government's own forces, execution of contract modifications,resolution of contract claims, and performance of all work on the Project shall be exclusively within the control of the Government. 4. At the time the U.S. Army Engineer, Seattle District(hereinafter the "District Engineer")furnishes the contractor with the Government's Written Notice of Acceptance of Completed Work for each contract awarded by the Government for the Project,the District Engineer shall furnish a copy thereof to the Non-Federal Sponsor. 5. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all design products that are developed by contract or by Government personnel during the period oj'design. The Government shall consider in good faith the comments of the Non-Federal Sponsor, but the final approval of all design products shall be exclusively within the control of the Government. 6. Notwithstanding paragraph A.4. of this Article, if the award of any contract for design of the Project, or continuation of design of the Project using the Govennnent's own forces, would result in total design costs exceeding $600,000, the Government and the Non-Federal Sponsor agree to defer award of that contract, award of all remaining contracts for design of the Project, and continuation of design of the Project using the Govemment's own forces until such time as the Government and the Non Federal Sponsor agree in writing to proceed with further contract awards for the Project or the continuation of design of the Project using the Government's own forces, but in no event shall the award of contracts or the continuation of design of the Project using the Government's own forces be deferred for more than three years. Notwithstanding this general provision for deferral, in the event the Assistant Secretary of the Army (Civil Works)makes a written determination that the award of such contract or contracts or continuation of design of the Project using the Government's own forces must proceed in order to comply with law or to protect human life or property from imminent and substantial harm, the Government, after consultation with the Non-Federal Sponsor, may award a contract or contracts, or continue with design of the Project using the Government's own forces. 7. As of the effective date of this Agreement, $10,538,118 of Federal funds for design and construction have been provided by Congress for the Parent Project of which$700,000 is currently projected to be available for the Project. The Government makes no commitment to request Congress to provide additional Federal funds for the 4 81 Parent Project or the Project. Further, the Government's financial participation in the Project is limited to the Federal funds that the Government makes available to the Project. B. The Non-Federal Sponsor shall contribute 25 percent of total design costs in accordance with the provisions of this paragraph. 1. The Non-Federal Sponsor shall provide funds in accordance with Article N.B. of this Agreement in the amount necessary to meet the Non-Federal Sponsor's share of 25 percent of total design costs if the Government projects at any time that the collective value of the Non-Federal Sponsor's contributions under Article III and Article VlI of this Agreement will be less than such share. 2. The Government, subject to the availability of funds, shall refund or reimburse to the Non-Federal Sponsor any contributions in excess of 25 percent of total design costs if the Government determines at any time that the collective value of the following contributions has exceeded 25 percent of total design costs: (a) the value of the Non-Federal Sponsor's contributions under paragraph B.1. of this Article; and (b)the value of the Non-Federal Sponsor's contributions under Article III and Article VII of this Agreement. C. Upon conclusion of the period of design, the Government shall conduct an accounting,in accordance with Article N.C. of this Agreement, and furnish the results to the Non-Federal Sponsor. D. The Non-Federal Sponsor shall not use Federal program,fiends to meet any of its obligations for the Project under this Agreement unless the Federal agency providing the Federal portion of such funds verifies in writing that expenditure of such funds for such purpose is expressly authorized by Federal law. E. The Non-Federal Sponsor may request the Government to include betterments in the design of the Project. Such requests shall be in writing and shall describe the betterments requested to be included in the design of the Project. If in its sole discretion the Government elects to include such betterments or any portion thereof in the design of the Project, it shall so notify the Non-Federal Sponsor in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement, this Agreement shall control. The Government shall allocate the costs of the Project features that include betterments between total design costs and the costs of the betterments. The Non-Federal Sponsor shall be solely responsible for all costs of design of the betterments by the Government under this paragraph and shall pay all such costs in accordance with Article N.D. of this Agreement. F. If the Government and a non-Federal interest enter into a Project Partnership Agreement for construction of the Project, or a separable element thereof, the Government, in accordance with the provisions of this paragraph, shall include the 5 82 amount of total design costs in total project costs for the Project or separable element thereof. Further, the Government, in accordance with the provisions of this paragraph, shall afford credit toward the non-Federal interest's share of total project costs for the Project, or separable element thereof, for the Non-Federal Sponsor's contributions toward total design costs under this Agreement. 1. If the Government and a non-Federal interest enter into a Project Partnership Agreement for construction of the entire Project,the Government shall include the amount of total design costs in total project costs for the Project. Further, the Government shall afford credit toward the non-Federal interest's share of total project costs for the Non-Federal Sponsor's contributions toward total design costs, including any excess amount determined in accordance with Article IV.C.2. or Article IV.D.3.b. of this Agreement that was not refunded or reimbursed by the Government. 2. If the Government and a non-Federal interest enter into a Project Partnership Agreement for construction of a separable clement of the Project,the Government shall determine the portion of total design costs that are allocable to such separable element and include such amount in total project costs for such separable element. Further, the Government shall determine the amount of the Non-Federal Sponsor's contributions toward total design costs, including any excess amount determined in accordance with Article IV.C.2. or Article IV.D.3.b. of this Agreement that was not refunded or reimbursed by the Government, that are allocable or attributable to such separable element and shall afford credit for such amount toward the non-Federal interest's share of total project costs of such separable element. 3. If the Government and a non-Federal interest do not enter into a Project Partnership Agreement for construction of the Project or a separable element thereof,the Government shall not be obligated to refund or reimburse the Non-Federal Sponsor, in whole or in part, for the Non-Federal Sponsor's 25 percent contribution of total design costs. Further, rcfand or reimbursement by the Government for any excess amount determined in accordance with Article IV.C.2. or Article 1V.D.3.b. of this Agreement is subject to the availability of funds. 4. Notwithstanding any other provisions of Article ILF of this Agreement, any amount credited for the value of the Non-Federal Sponsor's contributions toward total design costs provided in accordance with Articles Ill an VIl of this Agreement shall not be applied toward the 5 percent cash share required by Section 103(a)(1)(A) of the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2213(a)(1)(A))• G. This Agreement shall not be construed as obligating either party to seek funds for, or to participate in, construction or implementation of the Project or a separable element thereof or as relieving the Non-Federal Sponsor of any future obligation under the terms of any Project Partnership Agreement. 6 83 ARTICLE III - DESIGN COORDINATION TEAM A. To provide for consistent and effective communication, the Non-Federal Sponsor and the Government,not later than 30 calendar days after the effective date of this Agreement, shall appoint named senior representatives to a Design Coordination Team. Thereafter,the Design Coordination Team shall meet regularly until the end of the period of design. The Government's Project Manager and a counterpart named by the Non-Federal Sponsor shall co-chair the Design Coordination Team. B. The Government's Project Manager and the Non-Federal Sponsor's counterpart shall keep the Design Coordination Team informed of the progress of design and of significant pending issues and actions,and shall seek the views of the Design Coordination Team on matters that the Design Coordination Team generally oversees. C. Until the end of the period of design, the Design Coordination Team shall generally oversee the Project, including matters related to: design; completion of all necessary environmental coordination and documentation; scheduling of reports and work products;plans and specifications;real property and relocation requirements for construction of the Project; design contract awards and modifications; design contract costs; the Government's cost projections; anticipated requirements and needed capabilities for performance of operation,maintenance,repair,rehabilitation,and replacement of the Project including issuance of permits; and other matters related to the Project. This oversight of the Project shall be consistent with a project management plan developed by the Government after consultation with the Non-Federal Sponsor. D. The Design Coordination Team may make recommendations to the District Engineer on matters related to the Project that the Design Coordination Team generally oversees,including suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Design Coordination Team. The Government, having the legal authority and responsibility for design of the Project,has the discretion to accept or reject, in whole or in part,the Design Coordination Team's recommendations. E. The Non-Federal Sponsor's costs of participation in the Design Coordination "ream shall be included in total design costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article VII.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. The Government's costs of participation in the Design Coordination Team shall be included in total design costs and shared in accordance with the provisions of this Agreement. ARTICLE IV - METHOD OF PAYMENT 7 84 A. In accordance with the provisions of this paragraph, the Government shall maintain current records and provide to the Non-Federal Sponsor current projections of costs, financial obligations, and the contributions provided by the parties. 1. As of the effective date of this Agreement, total design costs are projected to be$600,000; the Non-Federal Sponsor's contribution of funds required by Article II.13.1. of this Agreement is projected to be $150,000; the non-Federal proportionate share is projected to be 21.7 percent; and the Government's total financial obligations to be incurred to include betterments in the design of the Project and the Non- Federal Sponsor's contribution of funds for such costs required by Article II.F,. of this Agreement are projected to be$0. These amounts and percentage are estimates subject to adjustment by the Government, after consultation with the Non-Federal Sponsor, and are not to be construed as the total financial responsibilities of the Government and the Non- Federal Sponsor. i 2. By September 2012 and by each quarterly anniversary thereof until the conclusion of the period of design and resolution of all relevant claims and appeals, the Government shall provide the Non-Federal Sponsor with a report setting forth all contributions provided to date and the current projections of the following: total design costs; the Non-Federal Sponsor's total contribution of fiords required by Article II.B.1. of this Agreement;the non-Federal proportionate share; the total contribution of finds required from the Non-Federal Sponsor for the upcoming contract and upcoming fiscal year; and the Government's total financial obligations to be incurred to include betterments in the design of the Project and the Non-Federal Sponsor's contribution of funds for such costs required by Article II.E. of this Agreement. B. The Non-Federal Sponsor shall provide the contribution of fiords required by Article I1.B.1. of this Agreement in accordance with the provisions of this paragraph. 1. Not less than 30 calendar days prior to the scheduled date for issuance of the solicitation for the first contract for design of the Project or commencement of design of the Project using the Government's own forces, the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and the funds the Government determines to be required from the Non-Federal Sponsor to meet: (a)the non-Federal proportionate share of financial obligations for design incurred prior to the commencement of the period of design; (b)the projected non Federal proportionate share of financial obligations for design to be incurred for such contract; and (c)the projected non-Federal proportionate share of,financial obligations_for°design using the Government's own forces through the first fiscal year. Not later than such scheduled date, the Non-Federal Sponsor shall provide the Government with the full amount of such required funds by delivering a check payable to "FAO, USACD, USACE Seattle District" to the District Engineer, or verifying to the satisfaction of the Government that the Non- Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non-Federal Sponsor, or by presenting the Government with an irrevocable letter of credit acceptable to the 8 85 Government for such required funds, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. 2. "thereafter, amid the design of the Project is complete, the Government shall notify the Non-Federal Sponsor in writing of the funds the Government determines to be required from the Non-Federal Sponsor, and the Non-Federal Sponsor shall provide such funds in accordance with the provisions of this paragraph. a. The Government shall notify the Non-Federal Sponsor in writing,no later than 60 calendar days prior to the scheduled date for issuance of the solicitation for each remaining contract for design of the Project, of the funds the Government determines to be required from the Non-Federal Sponsor to meet the projected non-Federal proportionate share offinancial obligations for design to be incurred for such contract. No later than such scheduled date, the Non-Federal Sponsor shall make the full amount of such required funds available to the Government through any of the payment mechanisms specified in paragraph B.1. of this Article. b. The Government shall notify the Non-Federal Sponsor in writing, no later than 60 calendar days prior to the beginning of eachfiscal year in which the Government projects that it will make financial obligations.for design of the Project using the Government's own forces, of the funds the Government determines to be required from the Non-Federal Sponsor to meet the projected non-Federal proportionate share of financial obligations.for design using the Government's own forces for that fiscal year. No later than 30 calendar days prior to the beginning of that fiscal year the Non-Federal Sponsor shall make the full amount of such required funds for that fiscal year available to the Government through any of the payment mechanisms specified in paragraph B.1. of this Article. 3. The Government shall draw from the funds provided by the Non- Federal Sponsor such sums as the Government deems necessary to cover: (a)the non- Federal proportionate share of financial obligations for°design incurred prior to the commencement of the period of design; and(b)the non-Federal proportionate share of financial obligations for design as financial obligations for design are incurred. Hat any time the Government determines that additional funds will be needed from the Non- Federal Sponsor to cover the Non-Federal Sponsor's share of such financial obligations for the current contract or to cover the Non-Federal Sponsor's share of such financial obligations for work performed using the Govermnent's own forces in the current fiscal year the Government shall notify the Non-Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 60 calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. C. Upon conclusion o f the period of design and resolution of all relevant claims and appeals,the Government shall conduct a final accounting and famish the Non- Federal Sponsor with written notice of the results of such final accounting. if outstanding 9 86 relevant claims and appeals prevent a final accounting from being conducted in a timely manner, the Government shall conduct an interim accounting and furnish the Non- Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals are resolved, the Government shall amend the interim accounting to complete the final accounting and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. The interim or final accounting, as applicable, shall determine total design costs. In addition, the interim or final accounting, as applicable, shall determine each party's required share thereof, and each party's total contributions thereto as of the date of such accounting. 1. Should the interim or final accounting, as applicable, show that the Non-Federal Sponsor's total required share of total design costs exceeds the Non-Federal Sponsor's total contributions provided thereto, the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO,USAED, USACE Seattle District" to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. 2. Should the interim or final accounting, as applicable, show that the total contributions provided by the Non-Federal Sponsor for total design costs exceed the Non-Federal Sponsor's total required share thereof, the Government, subject to the availability of funds, shall refund or reimburse the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund or reimbursement and fiords are not available to refund or reimburse the excess amount to the Non-Federal Sponsor,the Government shall seek such appropriations as are necessary to make the refund or reimbursement. If such appropriations are not received or,if the Non-Federal Sponsor requests that the Government not refund or reimburse the excess amount to the Non- Federal Sponsor, the Government shall apply the excess amount toward the share of total project costs for the Project that is required of the non-Federal interest executing a Project Partnership Agreement or agreements for[lie Project or separable element thereof in accordance with Article II.F. of this Agreement. D. The Non-Federal Sponsor shall provide the contribution of funds required by Article ILE. of this Agreement to include betterments in the design of the Project in accordance with the provisions of this paragraph. 1. Not less than 60 calendar days prior to the scheduled date for the first financial obligation to include betterments in the design of the Project, the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and of the full amount of funds the Government determines to be required from the Non-Federal Sponsor to cover the costs of design of such betterments. No later than 30 calendar clays prior to the Govermuent incurring any financial obligation for design ol'such hettermenis, the Non-Federal Sponsor shall provide the Government with the full amount of the funds 10 87 i required to cover the costs of design of such betterments through any of the payment mechanisms specified in paragraph B.1. of this Article. 2. The Government shall draw from the funds provided by the Non- Federal Sponsor such sums as the Government deems necessary to cover the Government's financial obligations for design of such betterments as they are incurred. Hat any time the Government determines that the Non-Federal Sponsor must provide additional funds w pay for design of such betterments, the Government shall notify the Non-Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 30 calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. 3. At the time the Government conducts the interim or final accounting, as applicable, the Government shall conduct an accounting of the Government's financial obligations to include betterments in the design of the Project and furnish the Non- Federal Sponsor with written notice of the results of such accounting. If outstanding relevant claims and appeals prevent a final accounting of design of such betterments from being conducted in a timely manner,the Government shall conduct an interim accounting of design of such betterments and furnish the Non-Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals are resolved, the Government shall amend the interim accounting of design of such betterments to complete the final accounting of design of such betterments and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. Such interim or final accounting, as applicable, shall determine the Government's total financial obligations for design of such betterments and the Non-Federal Sponsor's contribution of funds provided thereto as of the date of such accounting. a. Should the interim or final accounting, as applicable, show that the total obligations for including betterments in the design of the Project exceed the total contribution of funds provided by the Non-Federal Sponsor for design of such betterments, the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, USACE Seattle District"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. b. Should the interim or final accounting, as applicable, show that the total contribution of funds provided by the Non-Federal Sponsor for including betterments in the design of the Project exceeds the total obligations for design of such betterments, the Government, subject to the availability of funds, shall refund the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund and funds are not available to refund the excess amount to the Non-Federal Sponsor,the Government shall seek such appropriations as are necessary to make the refund. If such appropriations are 11 88 not received or, if the Non-Federal Sponsor requests that the Government not refund the excess amount to the Non-Federal Sponsor, the Government shall apply the excess amount toward the share of total project costs for the Project that is required of the non- Federal interest executing a Project Partnership Agreement or agreements for the Project or separable element thereof in accordance with Article II.F. of this Agreement. ARTICLE V -DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a quali I-ed third party acceptable to both parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VI—HOLD AND SAVE Subject to the provisions of Article XIII of this Agreement, the Non-Federal Sponsor shall hold and save the Government free from all damages arising from design of the Projeel and any betterments,except for damages due to the fault or negligence of the Government or its contractors. ARTICLE V11- MAINTENANCE OF RECORDS AND AUDIT A. Not Later than 60 calendar days after the effective date of this Agreement, the Government and the Non-Federal Sponsor shall develop procedures for keeping books, records, documents, or other evidence pertaining to costs and expenses incurred pursuant to this Agreement. These procedures shall incorporate, and apply as appropriate,the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments at 32 C.P.R. Section 33.20. The Government and the Non-Federal Sponsor shall maintain such books,records, documents, or other evidence in accordance with these procedures and for a minimum of three years after completion ol'the accounting for which such books,records, documents, or other evidence were required. To the extent permitted under applicable Federal laws and regulations,the Government and the Non-Federal Sponsor shall each allow the other to inspect such books,records, documents, or other evidence. B. In accordance with 32 C.F.R. Section 33.26,the Non-Federal Sponsor is responsible for complying with the Single Audit Act Amendments off996 (31 U.S.C. 7501- 7507), as implemented by Office of Management and Budget(OMB) Circular No. A-133 and Department ol'Defense Directive 7600.10. [Jpon request of the Non-Federal Sponsor 12 89 and to the extent permitted under applicable Federal laws and regulations,the Government shall provide to the Non-Federal Sponsor and independent auditors any information necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement. The costs of any non-Federal audits performed in accordance with this paragraph shall be allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such costs as are allocated to the Project shall be included in total design costs and shared in accordance with the provisions of this Agreement. C. In accordance with 31 U.S.C. 7503,the Govemment may conduct audits in addition to any audit that the Non-Federal Sponsor is required to conduct under the Single Audit Act Amendments of 1996. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other applicable cost principles and regulations. The costs of Government audits perdonned in accordance with this paragraph shall be included in total design costs and shared in accordance with the provisions of this Agreement. ARTICLE VIII -FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the Non-Federal Sponsor and the Government shall comply with all applicable Federal and State laws and regulations, including, but not limited to: Section 601 of the Civil Rights Act of']964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant thereto and Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army". ARTICLE IX - RELATIONSIIIP OF PARTIES A. In the exercise of their respective rights and obligations under this Agreement, the Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. B. In the exercise of its rights and obligations under this Agreement,neither party shall provide,without the consent of the other party, any contractor with a release that waives or purports to waive any rights the other party may have to seek relief or redress against that contractor either pursuant to any cause of action that the other party may have or for violation of any law. ARTICLE X - TERMINATION OR SUSPENSION A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this Agreement,the Assistant Secretary of the Army (Civil Works) shall terminate this Agreement or suspend future performance under this Agreement unless he determines that 13 90 continuation of design of the Projeet is in the interest of the United Stales or is necessary in order to satisfy agreements with any other non-Federal interests in connection with the Project. B. In the event the Government projects that the amount of Federal fiords the Government will make available to the Project through the then-current fiscal year, or the amount of Federal funds the Government will make available for the Project through the upcoming fiscal year, is not sufficient to meet the Federal share of total design costs that tine Government projects to be incurred through the then-current or upcoming.fiscal year, as applicable, the Government shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project, future performance under this Agreement shall be suspended. Such suspension shall remain in effect until such time that the Government notifies the Non-Federal Sponsor in writing that sufficient Federal funds are available to meet the Federal share of total design costs the Government projects to be incurred through the then-current or upcoming fiscal year, or the Government or the Non-Federal Sponsor elects to terminate this Agreement. C. In the event the Government determines that modifications to the Project are required and that additional authorization by Congress will be required before the Government may construct such modifications,the Government shall notify the Non- Federal Sponsor in writing of such determinations and shall terminate this Agreement. D. In the event that this Agreement is terminated pursuant to this Article,both parties shall conclude their activities relating to the Project and conduct an accounting in accordance with Article IV.C. of this Agreement To provide for this eventuality,the Government may reserve a percentage of total Federal funds made available lot the Project and an equal percentage of the total funds contributed by the Non-Federal Sponsor in accordance with Article II.B.1. of this Agreement as a contingency to pay costs of termination, including any costs of resolution of contract claims and contract modifications. E. Any termination of this Agreement or suspension of future pertonnance under this Agreement in accordance with this Article shall not relieve the parties of liability for any obligation previously incurred. Any delinquent payment owed by the Non-Federal Sponsor shall be charged interest at a rate,to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE XI -NOTICES 14 91 A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or sent by telegram or mailed by first-class,registered, or certified mail, as follows: If to the Non-Federal Sponsor: Public Works Department City of Kent 220 Fourth Ave S Kent, WA 98032-5895 If to the Government: Chief,Planning Branch,PPNM Seattle District, Corps of Engineers P.O. Box 3755 Seattle,WA 98124-3755 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice,request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XII- CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing patty. ARTICLE XIII - OBLIGATIONS OF FUTURE APPROPRIATIONS A. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the City Council of City of Kent, where creating such an obligation would be inconsistent with Section 35A.33.075 of Revised Code of Washington. B. The Non-Federal Sponsor intends to fulfill its obligations under this Agreement. The Non-Federal Sponsor shall include in its budget request or otherwise propose appropriations of fiords in amounts sufficient to fulfill these obligations for that 15 92 year and shall use all reasonable and lawful means to secure those appropriations. The Non-Federal Sponsor reasonably believes that funds in amounts sufficient to fulfill these obligations lawfully can and will be appropriated and made available for this purpose. In the event funds are not appropriated in amounts sufficient to fu1f111 these obligations, the Non-Federal Sponsor shall use its best efforts to satisfy any requirements for payments or contributions of funds under this Agreement from any other source of funds legally available for this purpose. Further,if the Non-Federal Sponsor is unable to fulfill these obligations, the Government may exercise any legal rights it has to protect the Government's interests related to this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement,which shall become effective upon the date it is signed by the District Engineer. DEPARTMENT OF THE ARMY CITY OF KENT BY: BY: CE A. ESTOK ZE.TE COOICE Colonel, Corps of Engineers ,,,/IvIAY6R, CITY OF KENT DISTRICT ENGINEER DATE: 1 DATE: 5/2 ` 16 93 CERTIFICATE OF AUTHORITY do hereby certify that I am the principal legal officer of the City of Kent,that the C ty of Kent is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Kent in connection with design of the Duwamish/Boeing Levee Ecosystem Restoration Project, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Agreement and that the persons who have executed this Agreement on behalf of the City of Kent have acted within their statutory authority. rN WITNESS WHEN OF,I have made and executed this certification this day of r200, r , y F RE �o� ✓ Al quir Fit2patricic Depu City Attorney 17 94 CEKIWWATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants; and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 'Phis certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. $u tte dooke :mayor;City of'Kent /j 1f DAFE: 1x 95 NON-FEDERAL SPONSER'S SELF-CERTIFICATION OF FINANCIAL CAPABILITY FOR AGREEMENTS I, R. J. Nachlinger, do hereby certify that I am the Director of Finance of the City of Kent,Washington; that I am aware of the financial obligations of the City of Kent for the Boeing Levee Ecosystem restoration project; and that the City of Kent has the financial capability to satisfy the City of Kent's obligations under the Design Agreement for the Duwamish/Green Boeing Levee Ecosystem restoration project. In witness whereof, i have made and executed this certification this first day of June, 2012. I,. t R.J. Nachlinger Finance Director i 96 This page intentionally left blank. 97 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: March 7, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 17, 2014 From: Gina Hungerford, Conservation Coordinator Through: Kelly Peterson, AICP, Environmental Conservation Supervisor Mike Mactutis, P.E., Environmental Engineering Manager Chad Bieren, P.E., City Engineer Subject: Information Only/City-Wide Spring Clean Event Item - 7 Motion: Information Item/No Motion Required Summary: The 2"" Annual City-Wide Litter Cleanup has been postponed to May 17, 2014, to facilitate partnering with the Kent Downtown Partnership. The May timeframe will likely be more accommodating with the weather. Residents are encouraged to sign up online at www.KentWA.aov/LitterFreeEventRegistration. Budget Impact: None 98 This page intentionally left blank. 99 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: March 6, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 17, 2014 From: Bill Thomas, Street Superintendent Through: Dave Brock, P.E., Interim Operations Manager Subject: Update on Pavement Conditions Item - 8 Information Only/No Motion Required Summary: Staff will give an update on the condition of the city's pavement following the winter season and our efforts to keep up with deteriorated pavement and potholes. Budget Impact: N/A 100 This page intentionally left blank. 101 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: March 6, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 17, 2014 From: Bill Thomas, Street Superintendent Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Update on Bridge Inventory and Inspection Item - 9 Information Only/No Motion Required Summary: Staff will update the Committee on the city's bridge inventory, inspection and maintenance program. Budget Impact: N/A 102 This page intentionally left blank. 103 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: March 6, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: March 17, 2014 From: Chad Bieren, P.E., City Engineer Subject: Information Only/Coal and Crude Oil Train Update Item - 10 Information Only/No Motion Required Summary: Staff will update the Committee on coal and crude oil trains. Budget Impact: N/A