HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 10/20/2014 (5) 1
Public Works Committee Agenda
40 A. Councilmembers: Brenda Fincher • Dana Ralph • Dennis Higgins, Chair
�� KENT
WASHINGTON
Meeting Date:
October 20, 2014
4:00 p.m.
Item Description Action Speaker Time Paae
1. Approval of Minutes for October 6, 2014 YES None 03 03
2. Illicit Discharge Ordinance YES Shawn Gilbertson 10 07
3. Consultant Agreement/Geo Engineering - YES Steven Lincoln/ 05 09
2401h Street Repairs Paul Kuehne
4. SR 516 Levee Franchise Agreement with YES Kelly Casteel 05 17
Washington State Department of
Transportation
5. Reimbursement Agreement with Union Pacific YES Mark Madfai 05 29
Railroad for Milwaukee II Levee &S 2591h St.
6. Lindental Pump Station Isolation Valve YES Rob Lovell 05 37
Installation
7. Information Only/Green River Levee and NO Mike Mactutis 10 53
System Wide Improvement Framework &
Levee 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.
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Public Works Committee Minutes 3
October 6, 2014
COMMITTEE MEMBERS PRESENT:
Committee Chair, Dennis Higgins, was absent. Committee members Dana Ralph and Brenda Fincher
were present. The meeting was called to order at 4:00 p.m.
Item 1 - Approval of Meeting Minutes Dated September 15, 2014:
Committee member Fincher MOVED to approve the minutes of September 15, 2014. The
motion was SECONDED by Committee member Ralph and PASSED 2-0.
Item 2 - Information Only/ Recycling Event:
Conservation Coordinator, Gina Hungerford noted that the annual Fall Recycling Event will be held
October I11h, 9:00am-3:00pm, at Hogan Park at Russell Road. Residents are invited to bring items not
easily recycled at the curb, including:
• Appliances and Scrap Metal
• Batteries
• Cardboard
• Concrete, Asphalt, Rock and Brick
• Document Shredding - up to 3 file boxes per vehicle
• Electronics, other than Computer Monitors and TVs, as these are accepted at most Goodwill
Stores and St. Vincent de Paul sites year-round
• NW Center will be on site to collect reusable household goods
• Propane Tanks
• Styrofoam blocks and Packing Peanuts
• Tires $1.50 each
• Toilets and Sinks
If you have further questions you can go to our website www.Kentrecycles.com or you can reach Gina at
(253)856-5549 or email her at ghungerford(akentwa.gov .
Information Only No Motion Required
Item 3 - Solid Waste Utility Tax:
Special Projects Manager, Kelly Peterson stated staff has analyzed potential methods to collect additional
revenue to help pay for street wear and tear caused by solid waste trucks. It was determined that an
increase to the existing 7.8% solid waste utility tax is the most efficient process. To generate 1, 2 or 3
million dollars in revenue, the solid waste utility tax would need to be increased to 11.621%, 15.139%
and 18.379% respectively. If the solid waste utility tax was increased to one of these proposed levels,
Kent residents would still enjoy some of the cheapest solid waste rates in King County. Peterson
presented tables that reflect rates with and without the proposed utility tax applied.
There was some discussion about the intent of the ordinance for future councils. City Attorney, Tom
Brubaker stated he would write a statement of intent section in the ordinance.
It was agreed that this item will go on as Other Business' on the October 21, 2014 Council agenda.
Committee member Fincher MOVED to recommend Council authorize an amendment to Kent
City Code 3.18.020(5) increasing the solid waste utility tax to 18.379% and allocating the
increase beyond the existing 7.8% to be applied for transportation purposes and add a
statement of intent section. The motion was SECONDED by Committee member Ralph and
PASSED 2-0.
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Public Works Committee Minutes 4
October 6, 2014
Item 4 - Condemnation Ordinance - 72nd Avenue South:
Engineering Supervisor, Ken Langholz stated that currently 72nd Avenue South exists between South
180th and South 196th Streets and between South 200th and South 228th Streets in the industrialized
area of Kent. There is a missing link between South 196th and South 200th Street that will be
completed by this project, including a new bridge across Mill Creek.
The City is in process of acquiring property for this project and has reached a point where it will be
necessary to pursue condemnation for the last parcel. This ordinance will provide the City the
mechanism to proceed to condemnation on these properties should negotiations stall.
Committee member Fincher MOVED to recommend Council adopt a Condemnation Ordinance
for obtaining property rights for the 72nd Avenue S. Improvement Project, 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 2-0.
Item 5 -Condemnation Ordinance - Lower Russell Road Levee:
Engineering Supervisor, Mark Madfai reiterated why the Lower-Lowest Russell Road Levee ("Prcject'� is
necessary in providing flood protection to the Green River Valley which includes the city of Kent, city of
Tukwila and the city of Renton. Property and property rights along the alignment of the Project must be
acquired in order to complete the Project.
In the event that negotiated acquisition is not successful it is essential that the city be prepared to
initiate condemnation proceedings so that the project can be constructed. The City has provided notice
to property owners.
Committee member Fincher MOVED to recommend Council adopt an Ordinance providing for
the acquisition of certain property rights along the Green River to complete levee
improvements for the Lower/Lowest Russell Road Levee. The motion was SECONDED by
Committee member Ralph and PASSED 2-0.
Item 6 - Right-of-Way Dedication - Upper Russell Road:
Environmental Engineer, Toby Hallock noted that as part of the Russell Road Upper Levee - James
Street/Russell Road Realignment project, City owned sections of land at the Public Works/Parks
Operations Facility need to be dedicated as right-of-way. The new right-of-way will accommodate the
realigned roadway and Puget Sound Energy (PSE) facilities required for the underground conversion of
overhead power lines.
Committee member Fincher MOVED to recommend Council authorize the Mayor to sign a
Municipal Quit Claim Deed dedicating City owned property as City Right of Way for the Russell
Road Upper Levee -James Street/Russell Road Realignment Project, 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 2-0.
Item 7 -Boeing Ecosystem Restoration Proiect - Interlocal Agreement with Kina County Flood
Control District:
Environmental Engineer, Toby Hallock noted that a Project Partnership Agreement with the Corps that
was subject to execution of an Interlocal Agreement with the King County Flood Control District (District)
was approved by the Council and Mayor.
Hallock stated that the Interlocal Agreement (ILA) will allow the City to move ahead with the Project
Partnership Agreement and then with construction using budgeted funds from the District. The ILA
explains the responsibilities of both the District and the City for the Boeing Levee ERP. The City has
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Public Works Committee Minutes 5
October 6, 2014
signed ILAs with the District for levee projects such as Briscoe/Desimone, Russell Road Upper and
Hawley Road.
Information Only/No Motion Required
Item 8 — Canyon Drive/Campus Park-Puget Sound Energy (PSE) Gas Line Easement:
Design Engineering Manager, Mark Howlett stated that over 30 years ago Washington Natural Gas (now
Puget Sound Energy) installed a gas line across City property adjacent to the City's Campus Park to
provide service to Kent-Meridian High School's French Field. The area where the gas line runs serves
primarily as a secondary parking lot for the stadium. Puget Sound Energy's and the City's records
indicate that no easement was ever obtained by PSE for this gas line.
PSE would like to replace this line but in order to have sufficient legal rights to do so, would like to
acquire an easement from the City for the continued use of this land.
Committee member Fincher MOVED to recommend Council authorize the Mayor to sign an
Easement allowing Puget Sound Energy to replace gas facilities on city-owned property
adjacent to Campus Park, 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 2-0.
Item 9 — United States Geological Survey (USGS) Gage Funding Agreement:
Environmental Engineering Manager, Mike Mactutis stated that this is an annual agreement for river
stream data gages with the City of Kent and the U.S. Geological Survey (USGS). For federal fiscal year
2015, the City will contribute $64,570 to the annual program costs of $110,540 with the USGS providing
the remainder.
Mactutis went on to say that these gages provide valuable information on stream and weather
conditions, including water surface elevations, flow levels and amounts of precipitation. This information
is used to calibrate stream flow models and increase the accuracy of City design of stormwater flood
projection models. The gages, through their link to internet web sites, allow staff and the public to
monitor stream flow levels from remote locations.
This contract will provide for operation, maintenance and data collection at six gages. Two are located
on Mill Creek, one on Springbrook Creek, two on Rock Creek, and one on the Green River.
The gage information is available to the public real-time at MUD:Hwaterdata.usgs.gov/wahw is/c u rrent?tv De=flow.
Committee member Fincher MOVED to recommend Council authorize the Mayor to sign the
Joint Funding Agreement for Water Resources Investigations between the City of Kent and
the U.S. Geological Survey upon concurrence of the language therein by the City Attorney and
Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED
2-0.
Item 10 — Public Works Agreement with Nature's Way Tree Service — 64th Ave Tree Removal:
Storm/Vegetation Maintenance Field Supervisor, Scott Schroeder stated that certified arborists inspected
a large cottonwood tree within the right-of-way near the 23200 block of 64th Avenue South. The tree is
composed of three large trunks each in excess of four feet in diameter and nearly one hundred feet tall.
Areas of rot have developed within the trunk and arborists have recommended its removal.
Due to its height, proximity to the Bayview Townhome Condominiums at the Lakes and the traveling
public on 64th Avenue South, a crane is needed to facilitate removal. The services of a crane
significantly increase the removal costs.
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Public Works Committee Minutes 6
October 6, 2014
Committee member Fincher MOVED to recommend Council authorize the Mayor to sign a
Public Works Agreement with Nature's Way Tree Service LLC in an amount not to exceed
$18,750 for the removal of a cottonwood tree near the 23200 block of 641h Avenue South,
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 2-0.
Item 11 - Information Only/James Street Sidewalk/Street Tree Replacement - Update:
Storm/Vegetation Maintenance Field Supervisor Scott Schroeder noted that so far 8-10 sections of
sidewalk repairs have been completed on James Street. The replaced trees will be less root invasive and
will be installed within the next couple of weeks, hydroseeding will also be done.
Information Only/No Motion Required
Added Items:
Tim LaPorte, Public Works Director will bring the proposed 2015 B&O Project data to committee
sometime in November. LaPorte introduced Kara Moore, Operations new Administrative Services
Supervisor. Moore came from Pierce County Public Works.
The meeting was adjourned at 5:11 p.m.
Cheryl Viseth
Council Committee Recorder
4
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: October 17, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: October 20, 2014
From: Shawn Gilbertson, Environmental Supervisor
Through: Chad Bieren P.E., City Engineer
Subject: Illicit Discharge Ordinance
Item - 2
Motion:
Recommend Council adopt an ordinance that amends Chapter 7.14 of the
Kent City Code, entitled "Illicit Discharges" to establish penalty
provisions that apply should an individual violate the illicit storm water
discharge code provisions, to clarify existing code provisions, to make
other changes consistent with federal law, and to ratify all acts
consistent with the ordinance.
Summary: In 2009, the City of Kent adopted Kent City Code section 7.14 (Illicit
Discharges) in order to meet the requirements of the Western Washington Phase II
Municipal Stormwater Permit (Phase II Permit). KCC 7.14 prohibits illicit discharges
and other pollutant dumping into the City's Municipal Separate Storm Sewer System
(Stormwater System).
The proposed code amendments establish additional penalty provisions that apply
should an individual violate the illicit discharge code provisions. The amendments also
clarify existing code provisions, and make other changes consistent with federal law.
The code meets the requirements of the Phase II Permit, helps preserve water
quality, and protects fish and wildlife in surface waters within and downstream of the
City limits.
This ordinance was presented to the Kent Land Use and Planning Board on October
13, 2014. The Land Use and Planning Board moved to recommend adoption of this
ordinance by the City Council.
Exhibit: Illicit Discharge Ordinance
Budget Impact: There will be no unbudgeted fiscal impacts as a result of this
ordinance.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: October 6, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: October 20, 2014
From: Stephen P. Lincoln, P.E., Engineer II
Through: Chad Bieren, P.E., City Engineer
Subject: Consultant Services Agreement with GeoEngineers for 240th
Street Slope Stabilization and Pavement Restoration
Item - 3
Motion:
Move to recommend Council authorize the Mayor to sign a Consultant
Services Agreement with GeoEngineers in an amount not to exceed
$34,000 for consultant services to complete slope stabilization and
pavement restoration along SE 240th Street, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
Summary: The northerly portion of SE 240th Street overlooking the Soos Creek trail
has begun to suffer slope failure, resulting in progressive damage to the road. The
effected portion of SE 240th Street lies between 144th Avenue and 146th Place.
GeoEngineers has developed plans and specifications for a soldier pile wall and
pavement restoration along SE 240th Street. NW Cascade has been awarded the
construction contract and will begin work next month.
Consultant services will include geotechnical inspection of the construction,
compaction testing, addressing contractor questions, and attending construction
meetings.
Exhibits: Consultant Services Agreement with GeoEngineers
Budget Impact: Funding for this contract will come from SE 240th Street slide
project fund.
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GECJ NGINIEERS.45I
1101 South Fawcett Avenue,Suite 200
Tacoma, Washington 98402
253.383.4940
September 19, 2014
City of Kent
220 Fourth Avenue South
Kent, Washington 98032-5895
Attention: Stephen Lincoln, PE
Proposed Scope and Budget
File No. 0410-188-02
INTRODUCTION AND PROJECT UNDERSTANDING
The purpose of our services is to provide construction support services for a tied-back soldier pile wall designed by
GeoEngineers and KPFF Consulting Engineers (KPFF). The wall will be located on the north shoulder of SE 240th
Street between 144th Avenue SE and 146th Place SE in Kent, Washington. Final plans were provided on August 8,
2014. We understand that construction is anticipated for December 2014. Our scope of services is based on a
construction schedule provided by the contractor, Northwest Cascade, on September 16, 2014.
SCOPE OF SERVICES
GeoEngineers will provide geotechnical engineering construction support services for the repair of the slope north of
SE 240th Street. KPFF will provide structural and civil engineering construction support services under a separate
contract with the City. Our proposed geotechnical scope of services is below:
Geol:echdm'licall Scope of S u°eriiaues
1. Attend construction coordination meetings as required and requested. We budgetfor Lyle Stone(Senior Engineer)
to attend one pre-construction meeting and two on-site construction meetings during the project.
2. Provide full-and part-time construction observation services to support the City of Kent's construction inspector.
It is anticipated that we will be required to be on site full time during installation of soldier piles and tie-backs.
We will also observe and document tie-back testing and stressing. Our observations will be documented in daily
field reports. We have based our construction observation budget on 21 full-time days (8.5 hours) on site and
2 part-time days (4 hours) on site.
3. Provide construction consultation as requested.
TERMS AND BUDGET
We understand the professional services listed above be provided in accordance with the terms and conditions most
recently negotiated between the City of Kent and GeoEngineers. The fee for the services described above will be
city rnf IRoa S pnl ,innlfr,ii 19,2011 �zp2
determined on a time-and-expense basis usingthe rates indicated on the attached Schedule of Charges. We estimate
that our fee for the services outlined above will be generally as shown in the following table.
SERVICES ESTIMATED FEE '..
Field Engineering and Construction Observation(GeoEngineers) $28,500
Meetings and Additional Consultation(GeoEngineers) $5,500
Total: $34,000
We will endeavor to keep you apprised of project status and conditions that may significantly affect our scope and
estimate. We will contact you if it appears we will exceed this estimate.
Attachment:
Schedule of Charges- Redmond/Tacoma 2014
�N ea
13
Schedule of Charges - 2014
COMPENSATION
Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a
lump sum amount is so indicated in the proposal or services agreement. Current rates are:
Professional Staff
Staff 1 Scientist/Analyst $ 99/hour
Staff 1 Engineer $ 104/hour
Staff 2 Scientist/Analyst $ 114/hour
Staff 2 Engineer $ 120/hour
Staff 3 Scientist/Analyst $ 130/hour
Staff 3 Engineer $ 135/hour
Scientist/Analyst 1 $ 151/hour
Engineer 1 $ 156/hour
Scientist/Analyst 2 $ 156/hour
Engineer $ 161/hour
Senior Engineer/Scientist/Analyst 1 $ 171/hour
Senior Engineer/Scientist/Analyst 2 $ 187/hour
Associate $ 202/hour
Principal $ 223/hour
Senior Principal $ 249/hour
Technical Support Staff
Administrator 1 $ 68/hour
Administrator 2 $ 78/hour
Administrator 3 $ 88/hour
CAD Technician $ 83/hour
CAD Designer $ 94/hour
CAD Design Coordinator $ 99/hour
Technician $ 78/hour
Senior Technician $ 88/hour
Lead Technician $ 99/hour
Software Development Staff
Database Arch itect/Ana lyst $ 166/hour
Senior Database Architect/Analyst $ 187/hour
Business Analyst $ 166/hour
Senior Business Analyst $ 187/hour
Software Arch itect/Developer $ 187/hour
Senior Software Architect Developer $ 207/hour
IT Project Manager $ 207/hour
Senior IT Project Manager $ 233/hour
Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff time spent in
depositions, trial preparation and court or hearing testimony will be billed at one and one-half times the above rates. Time
spent in either local or inter-city travel, when travel is in the interest of this contract, will be charged in accordance with the
foregoing schedule. Rates for data storage and web-based access will be provided on a project-specific basis.
GEOENGINEERS
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Equipment
Air Quality Equipment,per day $ 150.00
Air Sparging Field Test,per day $ 500.00
Asbestos Sample Kit,per day $ 25.00
Blastmate,per day $ 100.00
22-foot Sampling and Dive Boat(plus fuel),per day $ 750.00
Camcorder,per day $ 50.00
Concrete/Masonry Field Gear,per day $ 15.00
Crack Gauges,per gauge $ 25.00
D&M Sampler,per day(1 day min.) $ 80.00
Data Logger-B-channel,per day $ 300.00
Electrical Tape,per day $ 25.00
Environmental Exploration Equipment,per day $ 150.00
Flow Meter,per day $ 40.00
Gas Detection and Oxygen Meters,per day(1 day min.) $ 100.00
Generator,per day(1 day min.) $ 100.00
Geotechnical Exploration Equipment,per day' $ 125.00
G PS Unit-Professional Grade,per day $ 100.00
Groundwater Development and Sampling Pump,per day(1 day min.) $ 100.00
Groundwater Monitoring Equipment,per day $ 220.00
Hydrolab Multi Probe,per day $ 100.00
Interface Probe,per day $ 50.00
Nuclear Density Gauge,per hour(4 hour daily min.) $ 10.00
Operations and Maintenance Equipment,per day $ 250.00
Peristaltic Pump,per day $ 50.00
pH Meter(per day) $ 15.00
PID,FID or OVA,per day $ 100.00
Sampling Van/Trailer,per day $ 60.00
Saximeter,per day $ 25.00
Scuba Diving,per day/per diver $ 250.00
Single Channel Data Logger w/Transducer,per day $ 100.00
Slope Indicator,per day(1 day min.) $ 200.00
Soil Samples(in Rings),per sample $ 5.00
Soil Samples(in Sleeves),per sample $ 8.00
Spectro Photo Meter,per day $ 45.00
Stereoscope,per day $ 20.00
Strain Gauge Readout,per day $ 40.00
Tedlar Bags&Air Sampling Equipment,per sample $ 15.00
Turbidity Testing Equipment,per day $ 30.00
Underwater Camera-Still,per day $ 50.00
Underwater Camera-Video,per day $ 150.00
Vapor Extraction Field Test,per day $ 500.00
Vehicle usage,per mile,or$50/day,whichever is greater $ 0.65
Vehicle-4-wheel drive truck,per day $ 80.00
Water Quality Equipment,per day $ 125.00
Specialized and miscellaneous field equipment, at current rates, list available upon request.
OTHER SERVICES,SUPPLIES AND SPECIAL TAXES
Charges for services, equipment,supplies and facilities not furnished in accordance with the above schedule, and any unusual
items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes
shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying
services, drilling equipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Taxes
required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost.
Per diem may be charged in lieu of subsistence and lodging.
Routinely used field supplies stocked in-house by GeoEngineers, at current rates, list available upon request.
In-house testing for geotechnical soil characteristics at current rates, list available upon request.
A ksociiimuiY,odl I iroj ct Q;:ost s(AIP(o)
Computer hardware and software, telephone and fax communications, printing and photocopying and routine postage via
USPS will be charged at a flat rate of 6 percent of labor charges. These charges are labeled as Associated Project Costs(APC).
All rates are subject to change upon notification.
GM ENGINEERS �l
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Laboratory Schedule of Charges - 2014
Type of Test Unit Price
Soil Index and Classification Tests
Soil Description(ASTM D 2488) $ 15
Moisture Content
Oven(ASTM D 2216) $ 18
Moisture/Density
Rings $ 30
Shelby Tubes,waxed chunk $ 40
Tubes(liners),chunk $ 40
Particle Size Analysis
Percent Passing No.200(D 1140) $ 55
Sieve(ASTM D 422,D 6913,C 136 includes minus 200 Wash, Dry Sieve) $ 90
Hydrometer Only(ASTM D 422,minus#10 fraction) $ 130
Combined Sieve and Hydrometer(ASTM D 422-63) $ 200
Organic Content(ASTM D 2974) $ 65
Specific Gravity(ASTM D 854) $ 60
Soil Resistivity(ASTM G 187) $ 40
pH of Soil(ASTM D 4972/G 51) $ 40
Soluble Sulfates(US EPA 375.4) $ 40
Sulfides $ 40
Ductile Iron Pipe Research Association 10 Point Soil Evaluation Procedure
(ANSI/ANSW C1O5/A21.5).Includes evaluation of resistivity,pH, Redox potential,sulfides and $ 130
moisture)
Atterberg Limits(ASTM D 4315) $ 110
Nonplastic $ 65
Compaction(ASTM D 698/D 1557,AASHTO T 99/T 15O,Methods A,B and C)
1 point $ 100
3 point $ 200
Shrinkage Factors of Soils by Wax Method(ASTM D 4943) $ 60
Strength and Consolidation Tests
Triaxial Compression
Unconfined Comp.Strength -UCS(ASTM D 2166) $ 100
Unconsolidated Undreined-UU (ASTM D 255O) $ 210
Unconsolidated Undreined(back pressure saturation) $ 400
Consolidated Undreined -CU(ASTM D 4767)with pore pressure measurement $ 550
Consolidated Drained -CD(Army Corps of Engineers EM 1110-2-1906 Appendix X) $ 550
Consolidated Undreined or Consolidated Drained(3 points,staged) $ 1,400
Consolidation(ASTM D 2435)
With 2 timed load increments $ 500
Additional timed load increments,each $ 50
One-Dimensional Swell(ASTM D 4546)
Methods A and B $ 350
Method C $ 600
CBR,1 point with Proctor(ASTM D 1883) $ 350
Additional points,each $ 90
"Schudull:,,,,,l.ah II'Ialdl:,,,,,Chaglus Rudrrinnd 201..4 GEOENGINEERS
Rudrrinnd.....l iiaidu l...rul:aora cny Schudulu of Chargus 209..4. 1'a (Y?.of
Type of Test Unit Price
Permeability Tests
Constant or falling head in rigid wall permeameter(ASTM D 2434,D 5556) $ 250
In triaxial cell with back pressure saturation(ASTM D 5054) $ 650
Soil Sample Preparation
Extrusion -Extrude and log(visual classification)Shelby tube sample $ 60
Remolding-Remolding a soil sample to desired moisture and density $ 40-$100
Soil - $ Hourly-
Cement/Lime Treatment negotiated
Aggregate and Rock Tests
Unconfined Compression Test(ASTM D 7012)
One test only $ 65
More than one test $ 55
Percent of Fracture(WSDOT 103) $ 55
Sand Equivalent(AASHTO T 176) $ 70
Specific Gravity,Fine/Coarse Aggregate(ASTM C 127,C 128) $ 70/100
Concrete,Mortar and Grout Tests
Concrete CyI(strip,log,cure,break,report) $ 30
Cast and cured,not broken $ 25
Cast by others(strip,log,cure,break,report) $ 30
Mortar CyI(strip,log,cure,break,report) $ 30
Grout CyI(strip,log,cure,break,report) $ 30
Grout Cubes(strip,log,cure,break,report) $ 25
*Please contact us regarding test procedures which are not listed or for tests on contaminated soils. Negotiated unit rates or hourly
rates will be charged for these procedures.
**Not WABO-certified.
GEoENGINEERS�
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: October 17, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: October 21, 2014
From: Kelly Casteel, P.E., Design Engineering Supervisor
Through: Chad Bieren, P.E., City Engineer
Subject: SRS16 Levee Franchise Agreement with Washington State
Department of Transportation
Item - 4
Motion:
Move to recommend Council authorize the Mayor to execute an agreement
with the Washington State Department of Transportation to construct a
levee within State Right-of-Way for levee certification purposes, subject
to final terms and conditions acceptable to the City Attorney and Public
Works Director.
Summary: The City is working to establish a certified levee system in Kent.
Construction of facilities within SR 516, state-owned limited access highway right of
way, is required to establish this levee system in Kent. This agreement allows the
City to connect the County Road Levee through SR 516 to the SR516 to S. 231't
Way.
Exhibits: Washington State Department of Transportation Franchise Agreement
Budget Impact: Stormwater utility funds will be used to pay for this work. Existing
storm drainage rates assumed the City would cover a portion of the costs to fund
levee reconstruction. Public Works staff continues to look for outside funding and
lowest cost alternatives for levee certification.
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Washington State Department of Transportation Franchise
City of Kent Levee at SR- 516
Washington State Department of Transportation
Franchise pursuant to Chapter 47.44 RCW
THIS FRANCHISE (Franchise) is issued this day of
2014, (Effective Date) by the Washington State Department of Transportation,
hereafter State, to the City of Kent, a Washington municipal corporation,
hereinafter City. State and City are collectively called Parties.
WHEREAS, as authorized by RCW 35.21 .090, the City seeks to establish a
levee system in Kent, Washington that requires construction of facilities within
SR 516, state-owned limited access highway right of way as detailed in Exhibit A,
(Levee); and
WHEREAS, the Levee will serve to protect the Kent Valley from flooding from the
Green River in accordance with the City's levee certification requirements; and
WHEREAS, in consideration of the purpose and function of the Levee, the State
has determined that the Levee may be accommodated within SR 516, state-
owned limited access highway right of way under a franchise pursuant to chapter
47.44 RCW; and
WHEREAS, the State, by separate instrument, will issue a limited access break
to the City, authorizing the City to cross SR 516 boundaries at specified points for
the construction and maintenance of the Levee; and
WHEREAS, the Parties acknowledge and agree that, although the Levee will be
constructed, in part, on state-owned limited access highway right of way, the
Levee constitutes a separate City-owned facility constructed solely for City
purposes, and that the State will receive no benefits from construction of the
Levee as authorized under this Franchise,
NOW, THEREFORE, pursuant to chapter 47.44 RCW, RCW 35.21 .090, the
above recitals that are incorporated herein as if set forth below, Exhibits A and
B, attached hereto and by this reference made a part of this Franchise, and
subject to the terms and conditions set forth below, a nonexclusive Franchise is
hereby granted to the City to construct, operate, and maintain the Levee upon
and along certain portions of SR- 516, a state-owned limited access highway
right of way in Kent, Washington, as detailed in Exhibit A,
FRANCHISE TERMS AND CONDITIONS
1 . Fees, Costs, and Payments: Pursuant to WAC 468-34-020, the State has
determined that the Levee constitutes a Category 1 installation. Therefore,
Page 1 of 9
20
Washington State Department of Transportation Franchise
City of Kent Levee at SR- 516
the City shall pay the State a Franchise fee of $500, due within thirty (30)
calendar days of execution of this Franchise by the Parties. In addition to
the Franchise fee, the City shall reimburse the State for all actual direct and
related indirect costs incurred by the State under this Franchise. Such costs
include, but are not limited to plan review, including review of proposed
revisions to plans, specifications, and calculations contained in Exhibit A,
construction coordination and inspection, and administrative overhead. The
State shall provide detailed invoices to the City for State-performed work as
required under this Franchise. The City shall make payment within thirty (30)
calendar days from receipt of a State invoice.
2. Plan Review: The City has provided the State with its plans, specifications,
and calculations for the proposed Levee, Exhibit A, and the State has
reviewed the plans, specifications, and calculations. The Parties agree that
State review of the City's Levee plans, specifications, and calculations shall
be solely for State purposes and not for the benefit of the City or any third
party and shall not be deemed to mean that the Levee design and
construction is structurally sound and appropriate or meets applicable federal
and state regulations, laws, or local ordinances, codes, or standards (Laws).
The City affirms that it has taken all of the actions necessary and required for
the construction, operation and maintenance of the Levee, including
compliance with all Laws.
3. Plan Implementation and Modifications: The City shall construct the Levee
as shown on Exhibit A at the City's sole expense. The State must concur, in
writing, with any changes to the plans or specifications contained in Exhibit A
prior to implementing the changes to the Levee.
4. Standard Specifications: The City agrees that all material and workmanship
shall conform to the Washington State Department of Transportation's
Standard Specifications for Road, Bridge, and Municipal Construction,
current edition, and amendments thereto,(Standard Specifications) and shall
be subject to State inspection.
5. Right of Entry and Access: Subject to the terms of this Franchise, the State
hereby grants to the City, its authorized agents, contractors, subcontractors,
and employees, a right of entry upon state-owned limited access highway
right of way to construct, operate and maintain the Levee. Additionally, the
City shall comply with all terms and conditions of the limited access break,
Exhibit B, required by the State for construction, operation, and maintenance
of the Levee.
6. Independent Contractor: The City shall be deemed an independent
contractor for all purposes under this Franchise, and the employees of the
City or any of its contractors, subcontractors, consultants, and the
Page 2of9
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Washington State Department of Transportation Franchise
City of Kent Levee at SR- 516
employees thereof, shall not in any manner be deemed to be employees or
agents of the State.
7. Preconstruction Meeting: The Parties shall hold a preconstruction
conference before the City begins Levee work. The State, the City, and the
City's contractor (if applicable) shall be present.
8. Construction Notice: The City shall notify the following State representative,
in writing, at least fourteen 04) calendar days in advance of commencing
construction work within state-owned limited access highway right of way.
Additionally, for future maintenance of the Levee, the City shall obtain a
General Permit from the State prior to performing any work within State
highway right of way. Emergency maintenance work may be performed
without first obtaining a General Permit, provided that notification of such
work is provided by the City at the earliest possible opportunity.
State Representative:
Jerry Althauser
Area 4 Maintenance Superintendent
26620 68th Ave. South
Kent, WA 98032
Phone (253) 372-3900
9. Construction Schedule: The State may, at any time, request a construction
schedule or updates, if any, thereto from the City, showing critical dates and
activities that will lead to the timely completion of the Levee. In any event,
the City shall notify the State's Representative, identified above, of any
changes to the construction schedule at least fourteen (14) calendar days in
advance of implementing the change.
10. Work Restrictions: Work within the state-owned limited access highway right
of way shall be restricted between the hours of 10:00 PM and 5:00 AM, and
no work shall be allowed on the right of way on Saturday, Sunday, or
holidays as defined by RCW 1 .16.050, or the day before a holiday or a
holiday weekend, unless authorized in writing by the State.
11 . Traffic Control: If determined necessary by the State, the City shall submit a
signing and traffic control plan to the State's Representative for approval
prior to construction or maintenance operations. No lane closures shall be
allowed except as approved in writing by the State's Representative.
12. Non Interference with Highway: No excavation shall be made or obstacle
placed within the limits of the state-owned, or under State jurisdiction, limited
access highway right of way in such a manner as to interfere with the
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zz
Washington State Department of Transportation Franchise
City of Kent Levee at SR- 516
construction of, operation of, maintenance of and/or travel over the State
highway, unless the City obtains the State's prior written authorization.
13. City Representative: Should the City choose to perform the Levee work with
other than its own forces, a City representative shall be present on-site at all
times for work within state-owned limited access highway right of way unless
otherwise agreed in writing by the State. Where the City chooses to perform
the work with its own forces, it may elect to appoint one of its own employees
engaged in the construction as its representative. Should the City fail to
comply with this section, the State, in its sole discretion, may restrict any
further City work within state-owned limited access highway right of way until
the requirements of this section are met. All contact between the State and
the City's contractor shall be through an authorized City representative.
14. Surety Bond: Should the City choose to perform the Levee work with other
than its own forces, a surety bond in the amount of$ [To Be Based on
Project Estimate] written by a surety company authorized to do business in
the State of Washington, shall be furnished to the State before performing
any work to ensure compliance with all of the terms and conditions of this
Franchise. The surety bond shall remain in force for at least two (2) years
after issuance of the City's notice of completion described in Section 20,
below.
15. Work Supervision: The City, at its own expense, shall adequately police and
supervise construction of the Levee work by itself, its contractor,
subcontractor, or agent, and others, so as not to endanger or injure any
person or property. The City's responsibility for the proper performance, safe
conduct, and adequate policing and supervision of the work shall not be
lessened or otherwise affected by the State's review and concurrence with
the City's plans, specifications, or work, or by the State's Representative's
presence at the work site to assist in determining that the work and materials
meet this Franchise's requirements.
16. Permits: The City shall obtain all necessary Federal, State, and Local
Permits including, but not limited to, permits required by the State, the
Washington State Department of Ecology, the Washington State Department
of Fish and Wildlife, and the U.S. Army Corps of Engineers prior to beginning
construction.
17. Archeological Resources: If any archaeological or historical resources are
revealed in the work vicinity, the City shall immediately STOP work, notify the
State's Representative and retain a US Secretary of the Interior's qualified
archaeologist. Said archaeologist shall evaluate the site and make
recommendations to the State regarding the continuance of the work.
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Washington State Department of Transportation Franchise
City of Kent Levee at SR- 516
18. Clean Up: Upon completion of the work, the City shall immediately remove
all rubbish and debris and shall leave the state-owned limited access
highway right of way neat and presentable to the State's sole satisfaction.
City agrees to take corrective action if directed by the State.
19. Failure to Complete Work: Should the City decide not to complete the Levee
work after construction has begun, the State shall determine what work must
be completed to restore State facilities and right-of-way to a condition and
configuration that is safe for public use. The State shall provide the City with
written notification of such work. The City agrees that all costs associated
with construction termination, including engineering, completing State facility
and right-of way restoration, and contractor claims will be the sole
responsibility of the City. If the contractor is not available to restore the State
facilities and right-of way, the Parties agree that the State may perform or
contract to perform, the restoration work at the City's sole expense. The City
agrees to reimburse the State within thirty (30) calendar days after receipt of
a documented State invoice. This section shall survive construction and
Franchise termination.
20. Work Completion: The City shall notify the State, in writing, of its completion
of the Levee within fourteen (14) calendar days of such completion. The City
shall include in the written notice a proposed date on which to meet with the
State for the purpose of conducting a final inspection of the Levee and
highway right of way to verify that the construction authorized hereunder
complies with the terms of conditions of this Franchise.
21 . As-Built Plans: Within ninety (90) calendar days after completion of the
Levee, the City shall submit as-built plans of the Levee to the State.
22. Levee City Property/Removal: All facilities placed within state-owned limited
access highway right of way by the City under this Franchise shall remain
the property of the City. The City shall have the sole liability and
responsibility for ensuring the adequacy of and maintaining the usefulness of
any City facilities authorized hereunder for Levee purposes. The State shall
have no responsibility to review or confirm facility or Levee adequacy and/or
usefulness, nor shall the State be liable in the event that the facility or Levee
is defective, fails in its performance, or is not adequate for its intended
purpose.
The City's facilities authorized hereunder may be removed at any time by the
City; provided that, prior to removal, the City shall notify the State and submit
a plan for removal of the Levee. Additionally, in the event that all or any
portion of the Levee is no longer used, the City shall submit a plan and
schedule removal of the unused portion(s). Upon removal of any portion(s) of
the Levee under this section, the City shall restore any affected State
property to a condition satisfactory to the State. The Parties agree that after
Page 5of9
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Washington State Department of Transportation Franchise
City of Kent Levee at SR- 516
thirty calendar (30) days' written notices ::,=t;,;ato the City, the State may
perform or contract to perform, the removal of the unused portions of the
Levee or perform or contract to perform the restoration work at the City's
sole expense should the City fail to perform this work. The City agrees to
reimburse the State within thirty (30) calendar days after receipt of a
documented State invoice. This section shall survive construction and
Franchise termination.
23. State Ordered Levee Modifications/Removal: If the State, in its sole
discretion, shall determine that any or all of the Levee must be modified,
removed or relocated from the state-owned limited access highway right of
way as being necessary, incidental, or convenient for the construction,
repair, improvement, alteration, relocation, or maintenance of the state
highway, or for the safety of the traveling public, the City agrees and shall at
its sole cost and expense, upon written notice by the State, modify, relocate
or remove any or all of the Levee from the state-owned limited access
highway right of way as may be required by the State. After notification by
the State, the City shall submit a plan for proposed modification, relocation,
or removal within 30 calendar days. After approval by the State of said plan,
the City shall perform all Levee modifications, relocations and/or removals as
the State directs to avoid highway project delays and in such manner as will
cause the least interference with the continued operation and/or
maintenance of the highway or disruption of traffic.
24. Failure to Modify/Remove Levee: Should the City fail or refuse to comply with
the State's direction to modify, remove, or relocate any City Levee facilities in
accordance with Section 23, the Parties agree that after thirty calendar (30)
days' written notice ;;a to the City�the State may perform or contract to
perform the required work at the City's sole expense. The City agrees to
reimburse the State within thirty (30) calendar days after receipt of a
documented State invoice. This section shall survive construction and
Franchise termination.
25.Maintenance of Levee: The City, at its sole cost and expense, shall be solely
responsible for maintaining the Levee according to all applicable local, state,
or federal requirements related to Levee maintenance, including, but not
limited to vegetation management. If necessary to properly maintain the
Levee, the City shall also maintain state-owned limited access highway right
of way (not to include constructed highway facilities) at its sole cost and
expense. The City agrees that the State shall perform no maintenance work
on the Levee or related to the Levee and that the State shall have no cost or
expense liability for Levee maintenance or for maintaining state-owned limited
access highway right of way if such is required to maintain the Levee.
26. Insurance: The City must provide proof of the following insurance coverage
prior to performing any work within state-owned limited access highway right
Page 6of9
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Washington State Department of Transportation Franchise
City of Kent Levee at SR- 516
of way and maintain said insurance coverage for the entire term of this
Franchise, or any extension thereof:
a) Commercial General Liability covering the risks of bodily injury (including
death), property damage and personal injury, including coverage for
contractual liability, with a limit of not less than 5 million per occurrence/$5
million general aggregate;
b) Business Automobile Liability (owned, hired, or non-owned) covering the
risks of bodily injury (including death) and property damage, including
coverage for contractual liability, with a limit of not less than $2 million per
accident;
c) Employers Liability insurance covering the risks of City's employees'
bodily injury by accident or disease with limits of not less than $1 million
per accident for bodily injury by accident and $1 million per employee for
bodily injury by disease;
Such insurance policies or related certificates of insurance shall name the
Washington State Department of Transportation as an additional insured on
all general liability, automobile liability, employers' liability, and excess
policies.
A forty-five (45) Calendar Day written notice shall be given to the State prior
to termination of or any material change to the policy(ies) as it relates to this
Franchise.
27. Indemnification: To the extent authorized by law, the City, its successors and
assigns, agree to indemnify, defend, and hold harmless the State of
Washington and its officers and employees, from all claims, demands,
damages (both to persons and/or property), expenses, regulatory fines,
and/or suits that: (1) arise out of or are incident to any acts or omissions by
the City, its agents, contractors, and/or employees, in the use of the state-
owned limited access highway right of way as authorized by the terms of this
Franchise, or (2) are caused by the breach of any of the conditions of this
Franchise by the City, its contractors, agents, and/or employees. The City,
its successors and assigns, shall not be required to indemnify, defend, or
hold harmless the State of Washington and its officers and employees, if the
claim, suit, or action for damages (both to persons and/or property) is caused
by the sole acts or omissions of the State of Washington, its officers and
employees ; provided that, if such claims, suits, or actions result from the
concurrent negligence of (a) the State of Washington, its officers and
employees and (b) the City, its agents, contractors, and/or employees, or
involves those actions covered by RCW 4.24.115, the indemnity provisions
provided herein shall be valid and enforceable only to the extent of the
concurrent acts or omissions of the State of Washington, its officers and
employees and the City, its agents, contractors, and/or employees.
Page 7of9
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Washington State Department of Transportation Franchise
City of Kent Levee at SR- 516
The City agrees that its obligations under this section extend to any claim,
demand and/or cause of action brought by, or on behalf of, any of its
employees or agents while performing construction and/or maintenance
under this Franchise while located on state-owned limited access highway
right of way. For this purpose, the City, by mutual negotiation, hereby
waives with respect to the State only, any immunity that would otherwise be
available to it against such claims under the Industrial Insurance provisions
chapter 51 .12 RCW.
This indemnification and/or waiver shall survive the termination of this
Franchise.
28. Emergency Work: The Parties agree that should the State determine in good
faith that emergency work to the Levee is immediately needed to protect (a)
any aspect of the State highway, or (b) to secure the safety of the traveling
public, as a result of the existence of or a failure of the Levee, such work
may be performed by the State without prior approval of the City and at the
City's sole cost. The City will be notified of the emergency work and the
necessity for it at the State's earliest opportunity. The State shall provide to
the City a detailed invoice for such emergency work, and the City agrees to
make payment within thirty (30) calendar days of the date of the invoice. If
the billing is disputed by the City, the City shall pay the State any undisputed
amount and notify the State of the disputed amount, requesting supporting
documentation reasonably necessary to verify the accuracy of the invoice.
The City shall thereafter pay the State any remaining portions of the invoice
within 30 calendar days of receipt of documentation adequate to justify the
disputed expenditures.
This section shall survive construction and Franchise termination.
29. Breach of Franchise Terms: The Parties agree that should the City breach
any of the terms and conditions of this Franchise, or fail to proceed with due
diligence and in good faith in the construction, operation and maintenance of
the Levee as provided for herein, the State may terminate this Franchise.
The State, in its sole discretion, may require the City to remove all or part of
the Levee constructed at the City's sole expense. If the City fails to remove
its Levee, the State may perform or contract to perform the Levee removal
without prior approval of the City, and at the City's sole expense. The State
shall provide to the City a detailed invoice for such work, and the City agrees
to make payment within thirty (30) calendar days of the date of the invoice.
This section shall survive construction and Franchise termination.
30. Notice Prior to Incorporation into a Diking District: The City agrees not to
incorporate any portions of its Levee located on or within state-owned limited
access highway right of way as part of a diking district without the express
written consent of the State. For this purpose, the City shall provide the
Page 8of9
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Washington State Department of Transportation Franchise
City of Kent Levee at SR- 516
State with at least 120 calendar days written notice prior to entering into any
proceedings to incorporate the Levee as part of a diking district under Title
85 RCW and 86 RCW. Failure to notify the State as specified herein shall
constitute a Breach of Franchise Terms under Section 29, above. Upon
receipt of such written notice, the State will review the matter and may
require amendments to this Franchise or the termination of this Franchise,
requiring the removal of the Levee from state-owned limited access highway
right of way, at the sole discretion of the State.
31 . Construction Start: Construction of the Levee must begin within one year and
must be completed within three years from date of execution of this
Franchise.
32. Term: Subject to the terms and conditions herein, the term of this Franchise
shall commence as of the date this Franchise is fully executed by the Parties
and shall continue for a period of twenty five (25) years thereafter, subject to
renewal as the Parties may hereafter agree.
33. No Assignment: The City shall not assign or transfer this Franchise or the
ownership of the Levee in any manner whatsoever, unless the State
consents thereto in writing and the assignee accepts all terms of this
Franchise.
34. Non-Exclusive: This Franchise shall not be deemed or held to be an
exclusive one and shall not prohibit the State from granting permits or
franchise rights; or entering into other Franchises of like or other nature with
other public or private companies or individuals for the use of the state-
owned limited access highway right of way, nor shall it prevent the State
from using any of its property, rights of ways, highways, streets, or public
places, or affect its right to full supervision and control over all or any part of
them, none of which is hereby surrendered.
Approved as to Form by AGO: April 25, 2014
Page 9of9
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29
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: 400 West Gowe Street
Kent, WA 98032-5895
Date: October 17, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: October 20, 2014
From: Mark Madfai, P.E., Design Engineering Supervisor
Through: Chad Bieren, P.E., City Engineer
Subject: Reimbursement Agreement with Union Pacific Railroad (UPRR)
for Milwaukee II Levee and S. 259th St. Underpass
Item - 5
Motion: Move to recommend Council authorize the Mayor to sign a
Reimbursement Agreement with the Union Pacific Railroad for design
review of the Milwaukee II Levee and S. 259th St. Underpass in and
amount not to exceed $25,000, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
Summary: The City is requesting an agreement with the Union Pacific Railroad for
the placement and operation and maintenance of a proposed levee floodwall within
the UP Right of Way for the Milwaukee II levee. This reimbursement agreement
requested by UPRR will allow them to bill the City for their time to review plans and
process the agreement.
The City is also pursuing a project to increase the clearance under the existing UPRR
bridge at S. 259th St., this will require significant coordination with the railroad. This
same agreement will allow the railroad to get reimbursed for their review of the
proposed plans from the City for this project.
Exhibits: Agreement for Preliminary Engineering Services & Submittal of Exhibit A
for Railroad Approval
Budget Impact: Funding for the levee floodwall portion of this agreement will come
from storm drainage funds. The proposed underpass is currently unfunded.
30
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31
Date: '
AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES
AND SUBMITTAL OF EXHIBIT"A" FOR RAILROAD APPROVAL
Crossing : Public:
Washington Kent
M.P.0166.09 Oregon Subdivision
DOT No. 396583H
King County
Terrel A.Anderson
Manager, Industry& Public Projects
Union Pacific Railroad Company
9451
Roseville, CA 95747
Dear Mr.Anderson,
Plans are being prepared to install a levee wall within Union Pacific Right of Way beginning at
approximately M.P. 0166.09 for approximately 300 feet to the south and installing a jet grout curtain
across the embankment to tie into the earthen levee on the west side. Plans are also being prepared to
provide additional clearance under the existing underpass at S. 259"'Street.The Agency considers it
necessary for the successful advancement of the project for your company to collaborate in the
development of the project by performing the following:
® Preliminary engineering and other related services
® Development of cost estimates
® Review of the projects preliminary layouts
® Submit current train and switching moves
The Agency authorizes and agrees to reimburse the Railroad for its expenses and actual costs that are
incurred for collaborating in the development of the project's preliminary engineering and other
preliminary activities.The Railroad has estimated that these preliminary engineering and other
preliminary costs will be$25,000.00. Payment will be made within thirty (30) days from the Agency's
receipt and approval of the Railroad's request for reimbursement. Forward invoices to Attn: Kristen
LVkken 220 Fourth Ave S. Kent WA 98032.
Additionally, attached for your company's review and approval is one (1) set of half-scale prints of the
concept plans marked Exhibit A,which are 5%complete and show the basic features of the proposed
highway project at the location reference above. Please Review and provide comment on the basic
features of Exhibit A as soon as possible. Also enclosed is one (1) set of photos of the project area.
32
The project may require the Railroad to incur costs for force account activities. Please prepare the
Railroad force account cost estimate for work activities to be provided by your company,as identified in
Exhibit A and submit them at your earliest convenience so that they may be attached to the railroad
generated Construction & Maintenance (C&M)agreement.
Please verify the number of current regular train, 16,and switching movements, 0, with the maximum
speed of 40 MPH at this location as currently shown in our inventory records.This information will be
used by the Agency's Contractor to obtain Railroad Protective Liability Insurance.
This agreement is intended to address Preliminary Engineering. It is understood by both parties that
railroad may withhold its approval for any reason directly or indirectly related to safety or its operations,
property issues or effect to its facilities. If the project is approved, Union Pacific will continue to work
with the Agency to develop Final Plans, Specifications and prepare Material and Cost Estimates for
Railroad Construction Work associated with the project. It is also understood that if the project is
constructed, if at all, at no cost to the railroad.
The Agency and the Railroad will enter into separate License, Right of Entry, Construction and
Maintenance Agreements associated with the actual construction of the project if the project is
accepted and approved by the railroad.The agreements will be drafted by Union Pacific and forwarded
to the Agency after Exhibit A and cost estimates have been approved.
Please contact Mark Madfai at telephone number 253-856-5521 or via email at mmadfai@kentwa.gov if
you have any questions. Your assistance in this matter is appreciated.
Sincerely,
Timothy J. LaPorte, P.E.
Public Works Director
UNION PACIFIC RAILROAD COMPANY
By Date
Name and Title
Attachments
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MP. 166.10 SEATTLE SUBDIVISION
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34
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SECTION
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City of Dent SECTIONS
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]� x�T Engineering Division SCALE: NTS DATE: JULY, 2074 EXHIBIT B
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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: 400 West Gowe Street
Kent, WA 98032-5895
Date: October 14, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: October 20, 2014
From: Rob Lovell, Wastewater/Pump Station Supervisor
Through: Dave Brock, P.E., Interim Operations Manager
Subject: Goods and Services Agreement with Ferguson N.W. for
Lindental Pump Station Isolation Valve and hardware purchase.
Item - 4
Motion:
Move to recommend Council authorize the Mayor to sign a Goods and
Services Agreement with Ferguson N.W. in an amount not to exceed
$24,000.00 for the purchase of an isolation valve at the Lindental Pump
Station, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
Summary: Goods and Service agreement to purchase a 24" stainless steel knife
valve with an operating valve nut extension and associated hardware to be installed
at Lindental Pump Station. Lindental is our largest sewer pump station located just
south of Kent Kangley and 118th Ave. SE Due to the buildup of fats, oils and grease
the station requires cleaning a few times a year. Installing the valve will eliminate
the possibility of engulfment during wetwell cleaning, by isolating incoming flows to
the station.
Exhibits: Good and Service Agreement with Ferguson N.W.
Budget Impact: Currently accounted for in the 2014 sewer budget.
38
This page intentionally left blank.
39
GOODS & SERVICES AGREEMENT
between the City of Kent and
Ferguson
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Ferguson organized under the laws of the State of
Washington, located and doing business at 3517 Pacific Highway E., Tacoma, WA 98424, Phone:
(253) 922-9060/Fax: (253) 922-2813, Contact: Marshall Moffat (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
The Vendor shall provide a 24-inch stainless steel knife valve, extension
stem/supports, and a 24" x 10" SDR 35 spool for the Lindental Pump Station
Isolation Valve Installation Project. For a description and Vendor's quote, see the
Scope of Work which is attached as Exhibit A and incorporated by this reference.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2014.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty
Three Thousand, One Hundred Sixty Nine Dollars and four cents ($23,169.04), including
applicable Washington State Sales Tax, for the goods, materials, and services contemplated in
this Agreement. The City shall pay the Vendor the following amounts according to the following
schedule:
GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
40
The Vendor shall be paid after delivery of supplies that are listed in the Vendor's
quote and attached as Exhibit A.
If the City objects to all or any portion of an invoice, it shall notify Vendor 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
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 Vendor 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 Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor 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.
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
41
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor 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.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
42
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
43
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor 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.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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
Vendor's part, then Vendor 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 Vendor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor 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.
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
44
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XI 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 Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
45
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.
VENDOR: 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:
VENDOR: CITY OF KENT:
Marshall Moffat Timothy J. LaPorte, P.E.
Ferguson City of Kent
3517 Pacific Highway E. 220 Fourth Avenue South
Tacoma, WA 98424 Kent, WA 98032
(253) 922-9060 (telephone) (253) 856-5500 (telephone)
(253) 922-2813 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Ferguson-udenrel PS/Lovell
GOODS & SERVICES AGREEMENT 7
(Over$10,000.00, including WSST)
46
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 of 3
47
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 of 3
48
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 of 3
49
Lindental Pump Station Isolation Valve Installation
Scope of work
This is a Good &Services Agreement for a 24 inch stainless Steele knife valve, Extension stem/supports
and a 24"x 10"sdr35 spool to connect to the existing pipe.These are the key components of this
project. I requested that the valve and all its components be SS316 grade or higher.These parts will be
exposed to the corrosive environment of a sewer manhole. Installing a quality valve will ensure proper
operation, dependability and will allow a longer replacement cycle.
The valve stem will be brought to the surface.This will allow operation of this valve without having to
make a confined space entry.This valve will also allow isolation of the incoming flows to the station
without having to use a pneumatic plug. Failure of a plug could cause engulfment for those employees in
the stations wet well.
My Solicited bids are as follows.
Ferguson Tacoma/Proposed Contractor
HD Fowler/did not return bid
HD Supply j did not bid a comparable product/incomplete bid.
i
i
i
50
Lovell, Rob
From: Marshall Moffat - 3006 SEATTLE <marshal l.moffat@ferguson.com>
Sent: Friday, September 26, 2014 1:19 PM
To: Lovell, Rob
Subject: Email Bid# 8105706
— — - ----------- ------—----
THANK YOU
MARSHA LL
Price Quotation # B106706
FEI - TACOMA #3006
3517 PACIFIC HIGHWAY,EAST
TACOMA,WA 98424
Phone:253-922-9060
Fax:253-922-2813
Bid No.......: B105706
Bid Date...: 09/26/14 Cost Phone: 253-856-5230
Quoted By: MDNI Terms.........: NET LOTH PROX
Customer.: CITY OF KENT Ship To.......: CITY OF KENT
220 4TH AVE S 220 4TH AVE S
KENT,WA 98032-5895 KENT,WA 98032-5895
Cost PO#..: Job Name.:
'Item Description Quantity Net Price EUM j Total
—--- -----
------
- - ----- ----—--------FNW68BB24 *0214 24 SS 316 BUNA LOG 13D E CIV 1 13636,360 EA 13636.36
F -------------- ------ -T - ----------- --
SP-FNW360SSSEXT 1360"SS STEM EXITNTION 1 4206.000 1 EA 4206.00
SP-2'SQUAREOPNUT 12"SQUARE 011.NI jT 1 0.000 LA-------------------- -
�2 SUPPORTS REQUIRED ------
I TOP&I HALF WAY DOWN
-1'2WORKEG DAYS
EE-
�ESTPAR�MFVALVE8" -------
1 - -- E—
SP-24XSDR35FASSBR 24SDR35 ADAPTW/SS RING 7
1 3316.580�T EA 3316.581
Subtotal: $21158.94
Inbound Freight: $0.00
Tax: $2010,10
Order Total: S23 169.04
Quoted prices are based u po a receipt of the total quantity for immediate shipment(48 hours). SHIPMENTS BEYOND 48
I
51
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
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 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The 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.
52
EXHIBIT B (Continued)
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 shall be named as an additional insured 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.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification 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 insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
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.
53
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: 400 West Gowe Street
Kent, WA 98032-5895
Date: September 9, 2014
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: October 20, 2014
From: Michael Mactutis, P.E., Environmental Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: Information Only/Green River Levees and System-Wide
Improvement Framework (SWIF)
Item - 7
Motion:
Info Only — No Motion Required
Summary: The City of Kent has been working on accreditation of the Green River
right bank levees (looking downstream) since 2008 and has made significant
progress in the analysis and upgrades required for FEMA to accredit the levees.
The King County Flood Control District is in the midst of the System-Wide
Improvement Framework (SWIF) for the Lower Green River which is at a critical
decision point that will shape the course of the Green River Levee improvements for
years to come. The SWIF Technical Advisory Committee will meet on Wednesday,
September 17 with the goal of recommending an alignment alternative for the levee
system.
City of Kent staff will provide an update on the levee accreditation and the SWIF
process.
Exhibits: Levee Alternative Alignments
Budget Impact: None
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