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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 01/26/2015 (3) I Public Works Committee Agenda 40 • Councilmembers: Brenda Fincher•Dana Ralph•Dennis Higgins, Chair KENT WASHINGTON January 26, 2015 4:00 p.m. Special Meeting Item Description Action Speaker Time Paae 1. Approval of Minutes Dated January 5, 2015 YES None 03 03 2. Consultant Services Agreement with Shearer YES Ken Langholz 08 07 Design LLC for Design and Engineering Services for the 72"d Ave. Extension Project 3. Solid Waste Utility Tax - Residential Overlay YES Joe Araucto/ 10 27 Project Locations Bill Thomas 4. Information Only/2015 Capital Project - NO Mark Howlett 10 31 Update Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works Administration (253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank. Public Works Committee Minutes 3 January 5, 2015 COMMITTEE MEMBERS PRESENT: Committee Chair, Dennis Higgins, and Committee members Dana Ralph and Brenda Fincher were present. The meeting was called to order at 4:01 p.m. Item 1 - Approval of Meeting Minutes Dated January 5, 2015: Committee member Fincher MOVED to approve the minutes of January 5, 2015. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 2 -Seattle-King County Health Depoartment Local Hazardous Waste Management Program (LHWMP): Conservation Coordinator, Gina Hungerford noted that the Seattle King County Health Department's Local Hazardous Waste Management Program Grant is an annual grant which helps cities protect public health and the environment from toxics and hazardous products and wastes. This grant covers collection of hazardous waste at three special recycling collection events for residents and local businesses. Hungerford noted some of the items included in the hazardous collection events: refrigerators and freezers, used oil, antifreeze and other petroleum products, as well as batteries. If you are unable to make this collection event you can go to the Auburn Collection Mall (formerly Supermall) from 10:00 am - 5:00 pm Monday-Saturday. At the Council members request Gina will ask that the demographics be counted, to see how many people from what areas are hearing about the collection event. Should you have further questions Gina can be contacted by phone at (253)856-5549 or by email at ghungerford(alkentwa.gov. Committee member Ralph MOVED to recommend Council authorize the Mayor to accept the Local Hazardous Waste Management Program in the amount of $33,779.81 for 2015, establish a budget and authorize expenditures of the grant funds accordingly, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 3 - King County Solid Waste Division/Waste Reduction & Recycling (WRR) Grant: As Gina Hungerford noted above this grant funds three annual Special Recycling and Collection Events for residents and businesses for the collection of hard-to-recycle materials, including appliances, electronic equipment, mattresses, Styrofoam, bulky yard debris, concrete, and tires. The grant also funds activities and events associated with the Business Recycling Program, the Multi-Family Recycling Program, the purchase, distribution and promotion of products made from recycled materials, including compost bins and rain barrels, as well as the Christmas Tree Collection and Recycling program co-sponsored by Kent Parks and the Boy Scout organization. Committee member Fincher MOVED to recommend Council authorize the Mayor to accept the Waste Reduction and Recycling Grant in the amount of $180,322 for 2015/16, establish a budget and authorize expenditure of the grant funds accordingly, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. 1 Public Works Committee Minutes 4 January 5, 2015 Item 4 — Public Works Agreement with Fine Line Instrument for Pump Station #5 Pump Retrofit: Water Supply Field Supervisor, Kevin Swinford and Water Treatment Technician, Michael Pan gave a PowerPoint presentation that explained how the pump at Pump Station #5 is an obsolete and problematic pump. Swinford stated that factory support and replacement parts are no longer available for the current pump. Completing the retrofit process will improve reliability, allow for additional factory support and extend the service life of the pump and drive system. It was noted that this pump is crucial in properly distributing chemicals to the system. Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a Public Works Agreement with Fine Line Instrument for a Motor Modification and Pairing of a New Drive Unit for Pump Station #5 caustic pump in an amount not to exceed $25,296.25, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 5 — Goods and Services Agreement with Old Dominion Brush Company to Purchase a 84 Horsepower Leaf Vacuum — National Pollution Discharge Elimination System Grant Purchase: Conservation Coordinator, Todd Hunsdorfer noted that as leaves fall from the trees each fall, and accumulate within drainage ditches and roadway gutters, they are a barrier/hindrance to the storm water conveyance system. Operations Utility staff spends considerable amount of time removing leaves to prevent ponding of rainfall. Utilizing the proposed leaf vacuum will reduce the time it takes to remove leaves and results in a more efficient operation. Hunsdorfer noted that the Vactor truck can't drive and suck up leaves it would be a constant stop and go process, which would be time consuming and very difficult to do traffic control. Staff researched commercial leaf vacuums available on the market. The leaf vacuum offered by Old Dominion Brush Company is designed to remove the high volume of leaves, sticks and branches that accumulate in our drainage systems and is towed behind a dump truck, the impeller mulches the leaves shoots them through a flexible hose into the dump truck, making the whole process more efficient and less time consuming. The Old Dominion Brush Company's leaf vacuum has been publicly bid and is available for purchase through the National Joint Powers Alliance contract. The City is a purchasing member for this national contract. Committee member Fincher MOVED to recommend Council authorize the purchase of an 84 Horsepower Leaf Vacuum through Old Dominion Brush Co., Inc. in an amount not to exceed $39,900.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 6 — Accept — King County Flood Control District Sub-Regional Opportunity Grant for the Russell Road Lower/Lowest Levee Proiect: Environmental Engineering Manager, Mike Mactutis noted that he will present Item 6 and 7 in one presentation, but they will require two separate motions for the two grants. Mactutis gave a brief description of the first grant for the Russell Road Lower/Lowest Levee in 2013; the City requested its portion of the Opportunity Fund to be directed to the Lower/Lowest Russell Road Levee Project 2 Public Works Committee Minutes 5 January 5, 2015 in the amount of $189,434. Mactutis noted the city has purchased some property and that the money from the grants can go toward consulting fees and property acquisition. The 2015 Upper Mill Creek Dam is something the city has been working on for a few years and is included in the cities surface water plan, Mactutis noted that an additional 50 acre feet was added. Mactutis went on to say that the King County Flood Control District (District) collects an annual levy from properties within King County. Through the District's Sub-Regional Opportunity Fund, ten percent of the levy collected within each jurisdiction is granted back to the jurisdiction to be used for stormwater or habitat projects. Committee member Ralph MOVED to recommend Council authorize the Mayor to accept the King County Flood Control District Sub-Regional Opportunity Funds in the amount of $189,434 for the Lower/Lowest Russell Road Levee Project, establish a budget and authorize expenditure of the opportunity funds accordingly, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 7 — Accept — King County Flood Control District Sub-Regional Opportunity Grant for the Upper Mill Creek Dam Proiect: Description noted above in Item- 6. Committee member Fincher MOVED to recommend Council authorize the Mayor to accept the King County Flood Control District Sub-Regional Opportunity Funds in the amount of $189,028 for the Upper Mill Creek Dam Project, establish a budget and authorize expenditure of the opportunity funds accordingly, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee Ralph member and PASSED 3-0. Item 8 —Agreement with Natural Systems Design for Rock Creek Habitat Conservation Plan - Mitigation: Environmental Biologist, Matt Knox stated that the US Fish and Wildlife Service and National Marine Fisheries Service issued the City a 50-year incidental take permit in 2011 to provide coverage in case operation of the Clark Springs Water Supply System impacts specific species listed under the Endangered Species Act. The permit requires implementation of habitat conservation measures (HCM's) to benefit listed species which are outlined in the Clark Springs Water Supply System Habitat Conservation Plan (HCP). This contract will provide assistance for the following three HCM's; HCM 2 will improve fish passage at the mouth of Rock Creek at the confluence with the Cedar River; HCM 3 will provide off-channel salmon habitat improvements and HCM 6 will place large wood pieces in the upper stream channel very near the Clark Springs Water Supply Facility. Large wood pieces provide and help create the complex in-stream habitat that juvenile salmon need. These HCMs are required to be completed by the summer of 2016. Knox said that Natural Systems Design has a team of engineers, hydrologists and stream specialists with expertise in successful fish enhancement projects throughout the Puget Sound and northwest. 3 Public Works Committee Minutes 6 January 5, 2015 Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a consultant services agreement with Natural Systems Design in an amount not to exceed $73,890 to assist the city in design, permitting and implementation of mitigation for the Clark Springs Habitat Conservation Plan, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 9 — Briscoe/Desi mone Levee Interlocal Agreement with the King County Flood Control District: Design Engineering Supervisor, Kelly Casteel noted that at the November 3, 2014 Public Works Committee meeting, the Committee approved a version of this proposed amendment. That version noted that the Flood Control District (FCD) would pay additional costs for moving the Reach 1 sheet pile wall landward an additional ten feet as requested by the FCD. The FCD passed a separate version of the amendment (attached) that was silent on the additional costs. The FCD Director informed us that the FCD hoped that we would not have to increase the budget amount. Since that time, we have opened bids for Reach 1, reached a settlement with the property owner affected by the additional ten feet of right-of-way required to move the wall, and construction is nearly complete on Reaches 2 and 3. Casteel stated that we now have a greater confidence in the final project budget and believe it can be completed within the originally authorized $18 million, even with the added ten-foot setback. The FCD version of the amendment was approved by the full FCD Board and signed on November 20, 2014. We recommend that this version be authorized by the Kent City Council. Council member Fincher MOVED to recommend Council authorize the Mayor to sign the First Amendment to the Agreement for Levee Construction, Operation and Maintenance of the Briscoe-Desi mone Levee between the City of Kent and the King County Flood Control Zone District. The motion was SECONDED by Committee member Ralph and PASSED 3-0. The meeting was adjourned at 4:45 p.m. Cheryl Viseth Council Committee Recorder 4 7 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 Wnsu INGTON Address: 400 West Gowe Street Kent, WA 98032-5895 Date: January 15, 2015 To: Chair Dennis Higgins and Public Works Committee Members Special PW Committee Meeting Date: January 26, 2015 From: Ken Langholz, Engineering Supervisor Through: Chad Bieren P.E., City Engineer Subject: Design and Engineering for the 72"d Avenue South Improvements Project - Consultant Services Agreement with Shearer Design LLC Item - 2 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Shearer Design LLC in an amount not to exceed $82,161.00 for Design and Engineering Services for the 72"d Avenue S. Improvement Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Public Works Department was successful in obtaining a $1,182,420 grant from the Washington State Transportation Improvement Board (TIB) for the 72nd Avenue Improvement Project in 2011. If action is not taken soon this grant will be in jeopardy. 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 proposal before the committee concerns structural engineering services required to prepare plans and specifications for the bridge over Mill Creek. The scope of Shearer Design's services is described in detail in the attached scope and budge. Exhibits: Consultant Services Agreement with Shearer Design LLC Budget Impact: Costs for the bridge design will be paid out of project funds. The total project cost is $2,400,000. Regional Fire Authority staff have indicated they will recommend the RFA contributes a portion of the remainder as this bridge significantly improves their response time to the northeast part of the Kent valley. We expect further discussions on the overall funding proposal with the RFA Board and the City Council. 8 This page intentionally left blank. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Shearer Design LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shearer Design LLC organized under the laws of the State of Washington, located and doing business at 3613 Phinney Ave. N. #B, Seattle, WA 98103, Phone: (206) 781-7830/Fax: (206) 281-1751, Contact: David Shearer (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide design and engineering services for the 72nd Ave. Extension project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty Two Thousand, One Hundred Sixty One Dollars ($82,161.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 10 B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 11 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 12 authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 13 other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: David Shearer Timothy J. LaPorte, P.E. Shearer Design LLC City of Kent 3613 Phinney Ave. N. #B 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 781-7830 (telephone) (253) 856-5500 (telephone) (206) 281-1751 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Shearer-72n°Extension 2/Lengholz CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) 14 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 15 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 16 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 17 SHEARER DESIGN LLD. SHEARER DESIGN Lie an noBridge Design, Construction Engineering and Infrastructure Aesthetics 3613 Phinney Ave N#B Seattle,WA 98103 (206)781-7830 November 5, 2014 City of Kent Public Works 400 West Gowe Kent WA, 98032 Subject: 72ntl Ave Extension Attn: Ken Langholz. Dear Ken: We are happy to provide continued engineering services to the City of Kent for the 72ntl Ave extension project. The following scope of services details the engineering for this project. General. This contract shall encompass design and engineering as needed for the new vehicular bridge and limited approach roadway on 72ntl Ave over Mill Creek. We have split the work into task as described below, Task 1 —Type Size& Location Study Preliminary Layout & TS&L Study. After final review of the project topographic survey, geotechnical and hydraulic information provided by the City, Shearer Design will complete the bridge selection report started in 2013. Under this task, we will prepare a TS&L (Type, Size, Location) study per the guidelines in Chapter 2 of the "Washington State Bridge Design Manual." The report will describe the project, proposed structures, cost estimates, other design alternatives considered and recommendations. The final report will provide justification for the selection of the preferred alternative. We will examine both culvert and short span bridge structures. We will work with you and your staff to complete the report with any in-house information available and provide our technical support in the following areas: • Feasible alignments • Feasible structure types • Shallow foundations compatible with the contaminated soil &aquitard • Identification of environmental and permit issues • Review of geotechnical information The body of the TS&L report will expand and address the following areas: • Pros & Cons of each alternative • Contaminated soil removal • Ground water • Maintenance issues, Preliminary project cost estimates • Environmental issues ,Geometric constraints • Plan and elevation drawings for the recommended structure The final deliverables will be: • Letter summary report • Drawings suitable for permit applications \\SHEAR ERSERVER\D-DriveWDM I N\Job Contracts\C-0223 72 Ave Extension\Contract Phase 2\0233 72nd Extension Scope PS&E R1.docx 18 SHEARER DESIGN LLD. SHEARER DESIGN Lie an noBridge Design, Construction Engineering and Infrastructure Aesthetics 3613 Phinney Ave N#B Seattle,WA 98103 (206)781-7830 Task 2—Structural Design PS&E 30%& 60% Design. After the preferred alignment and type is accepted by the City, the following items of work will be performed to bring the design to the 30% &60% design level: • Prepare 30% & 60% level drawings showing bridge plan, elevation and typical section views • Prepare a 30% & 60% level engineer's construction cost estimate. This includes calculating and compiling quantities and unit costs for the bridge bid items that correspond to the bridge plans. • Permit Assistance — Provide drawings and quantities related to the bridge as required for environmental and building permits prepared by the City of Kent. Deliverables: • 30% & 60% Plans (11 'x17" PDF format) • 30% & 60% Engineer's Construction Cost Estimate Drawings and quantities for permits 90% Bridge Plans, Specifications and Estimate (PS&E). After the City has reviewed the 60% bridge plans and estimate, the following items of work will be performed to bring the design to the 90% design level: • Incorporate the City's review comments • Superstructure design calculations • Substructure design calculations • Update bridge plan, elevation and typical section views to the 90% level and develop plan details for all necessary bridge components to the 90% level • Update the engineer's construction cost estimate to the 90% level. This includes updating quantities and unit prices, and adding or removing items as needed that correspond to the bridge plans and specifications. • Prepare draft special provisions for bridge items for use in developing the overall project specifications • Permit Assistance — Revise drawings and quantities as needed for environmental and building permits prepared by the City of Kent Deliverables: • 90% Plans (11"x17" PDF format) • 90% Engineer's Construction Cost Estimate • 90% Bridge Special Provisions (MS Word format) • Revised drawings and quantities for permits, as required Final Bridge Plans, Specifications and Estimate (PS&E). After the City has reviewed the 90% PS&E, the following items of work will be performed to finalize the PS&E documents for bid advertisement: • Incorporate 90% review comments • Finalize design calculations • Finalize the bridge plans • Finalize the traffic control plans • Finalize the engineer's construction cost estimate • Finalize the special provisions for bridge items for use in developing the overall final project specifications \\SHEAR ERSERVER\D-DriveWDM I N\Job Contracts\C-0223 72 Ave Extension\Contract Phase 2\0233 72nd Extension Scope PS&E R1.docx 19 SHEARER DESIGN LLD. SHEARER DESIGN Lie an noBridge Design, Construction Engineering and Infrastructure Aesthetics 3613 Phinney Ave N#B Seattle,WA 98103 (206)781-7830 Deliverables: • Final Plans (11 'x17" PDF format) • Final Engineer's Construction Cost Estimate (8.5"x11" PDF and MS Excel formats) • Final Bridge Special Provisions (MS Word format) All bridges and structures will be designed in conformance with the following: • AASHTO LRFD Bridge Design Specifications, 61h Edition, with latest interim revisions • WSDOT Bridge design manual current edition(BDM) Task 4—Project Management 4.0 Project Management. Shearer Design will provide project management and administration necessary to perform this scope of services, including the following: • Provide monthly invoices • Attend project meetings with the City • Visit the project site • Coordinate project activities with other project members, including the City staff and other THE CITY consultants (e.g. geotechnical) Deliverables Schedule The following schedule assumes geotechnical information is finalized by December 15, 2014. • TS&L Draft 1/15/15 • TS&L Final 2/1/15 • 30% design 4/1/15 • 60% design 6/15/15 • 90% design 8/1/15 • Final bid package 9/15/15 Items not included in this proposal This proposal assumes the City of Kent will be responsible for preparation of the construction bid documents "Division 1", assembly of the final bid documents and services required for award of the project construction. Load rating of the bridge will occur with the construction support phase. Areas to be provided by the City of Kent and their other consultants: • Site topographic survey • Wetland Delineations • Geotechnical foundation report • Utility design • Hydraulic Analysis • Permit Application • Construction Services Please see the enclosed spreadsheet for a summary of our estimated cost and hours for this project. We look forward to working with you again on this exciting project. If you have any questions please feel free to call. Sincerely, David R. Shearer S.E. Principal Bridge Engineer SHEARER DESIGN \\SHEAR ERSERVER\D-DriveWDM I N\Job Contracts\C-0223 72 Ave Extension\Contract Phase 2\0233 72nd Extension Scope PS&E R1.docx O N o co M N N N OI N N C N J (D C M O � N Y m m `m y `m m `o U Y O Y O N � W � 1 0 N f6 � F � 0 U L cl Z m O a a � z z 0 0 = a 'N ~ c w U X W > m vNi v co Q N N O N O fA fA Z fA N � m J n cl .N G1 0 G1 f6 G1 t N a w � 41 c d � A a d E T Y O O mU) cl � m d o Y Y Y Y N N N O 0 N 00 V N O O m b N O m N C N V fA N h N N h A 0 J O O o0 C M W N Y a m v Q m U 0 � `w Y `m � T � U m .- = W � y m C R u o xx F wv fn i + y N + w m Y $ y E m R F f'n 0 N N N ON N°� o Z C v ON a 0 N C m . m a W Q] Z N 10 c (�O V (OD N N _ W W O E a y W C V` fA m fA fA Xg R O 'mNo W t 0_ W es - Q W 0 a c O 0000 N o w0 O 0 0 e = 0 = o 0 Y n C O 1( W � W w v N V 0 V N N O O N N N O O h Q V p 00 N N V O 'U N `m �2 T r N C �2 N C Li N J f- 0 U r N 0) W W C W N v E W � 0 N W 0 = ` N N 0 R � m w v L T W 10 � v y j �@ a O O V N L v m 00 E O nN N W m m W O. in 0 F v N K o W a ° o0. U v U_ v W d W J F m N a W U J '2—m W a W a = v E a n n C W a 0 a F F t7 m LL U W t7 m N y 0 m a 0 m W o F L fn a � � M nM } / / \ \} \ M N O 0 N t N O N O N m b O V A V N N A W J N N O C N Y a m v Q m U 0 � `w Y `m � T � U m .- = v � y m C R � v u E o xx F w0 i U y N + w m Y 8 N E m R F f'n 0 O 0000 Z t via of 0 O m cai w m mid a W m Z N O 00 0 N N W O E = d (n W C o T . V V X W CQ IL c O000 0 w o 0 O 0 0 e = 0 = N v m0 0 Y n C O 1( W � W w ? N N N (D V O O h Q V p OO N N N O 'U N `m �2 0Li C � . 0 C N � � J f- 0 U U O 'N O C ' v C O t O = N U U L � C R O W W t a j O V W N m" N N R W N N Ow E OI OI �"N in W 6] N N W C m O O m 0 C Q -p rC rC jp N O C O J U v U d N N F m N W U J O t5 v O O j = v E d d 0 d a a 0m � iLL0 W f7 mN w m v o v `v '� N `m w R v o F L fn a 24 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. 25 EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than 35,000,000 per claim and $3,000,000 policy 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 Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 26 This page intentionally left blank. 27 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: January 20, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: January 26, 2015 From: Joe Araucto, P.E., Pavement Management Engineer Through: Dave Brock, P.E., Interim Operations Manager Subject: Solid Waste Utility Tax — Residential Overlay Project Locations Item - 3 Motion: Recommend Council approve the 2015 Solid Waste Utility Tax Residential Overlay project list. Summary: Prior to the adoption of the solid waste utility tax, public works staff identified a number of residential streets throughout the City in need of an asphalt overlay. We shared these locations with the city council last fall. In preparation for the 2015 construction season, staff has reviewed the aforementioned streets, and we recommend prioritizing the following road projects for overlays, depending upon the availability of the additional tax funds: ❑ Street Name From To 1 109 Ave SE SE 256 St SE 248 St 118 PI SE SE 256 St SE 251 St 2 118 PI SE SE 256 St SE 2591h Place 3 Lake Fenwick Rd Reith Rd south City Limits S 2541h St Lake Fenwick Rd S 256 St S 253 St S 2541h St S 252 PI 43 PI S entire length entire length 42 PI S entire length entire length Preliminary design work to determine the extent of rehabilitation is currently underway. Along with the extent of the needed rehabilitation measures, the cost of asphalt will affect the amount of work that can be performed within the identified 2015 budget of $1.5 million. Exhibit: Proposed Solid Waste Utility Funded Street Capital Projects map dated January 16, 2015. The map legend lists the streets and their priority, number 1 being the highest priority. The priority was determined based on the pavement condition. Budget Impact: Subject to the availability of designated utility tax funds. The preliminary budget for improvements has been set at $1.5 million. 2s This page intentionally left blank. N v � � z , m •� � J Ei Ei9 2 v �,,VI y LL na w Y � e uic c ion w n nv v nn ISIS L _ aw wo o N IL u o R CL 0 L ]9 Q Ewi I3 unV IS I�'r p v.' jt'mvmit J/Voin O © © O V� n.W;✓ vn l,•vn'J hL4 d4`unW l tlSGi. / way � M I 'll� ate, i 0.A - e fur m RnlI6.rID4Nt u �! flAlll l qu,p MI vh� .1 anW 6J n F� n � . aAnllPi;rou'f o, ' , �GorV E a v; / rub. ;�GanV S. ante v5 , .i 30 This page intentionally left blank. 31 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: January 22, 2015 To: Chair Dennis Higgins and Public Works Committee Members Special PW Committee Meeting Date: January 26, 2015 From: Mark Howlett, P.E., Design Engineering Manager Through: Tim LaPorte, P.E., Public Works Director Subject: 2015 Capital Project - Update Item - 4 Information Only/No Motion Required Summary: Public Works staff will provide an update to the committee on the 2015 construction schedule and will discuss with the committee status of the B&D projects. 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